Cottrell v. Ogbuehi et al

Filing 99

ORDER to SHOW CAUSE Why Does 1 through 3 should not be Dismissed from the action,signed by Magistrate Judge Stanley A. Boone on 02/08/17. Show Cause Response due (30-Day Deadline). (Martin-Gill, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DALE L. COTTRELL, 12 Plaintiff, 13 v. 14 FELIX IGBINOSA, et al., 15 Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:13-cv-01530-LJO-SAB (PC) ORDER TO SHOW CAUSE WHY DOES 1 THROUGH 3 SHOULD NOT BE DISMISSED FROM THE ACTION THIRTY DAY DEADLINE Plaintiff Dale L. Cottrell is appearing pro se and in forma pauperis in this civil rights action 18 pursuant to 42 U.S.C. § 1983. On October 23, 2014, the Court screened Plaintiff’s second amended 19 complaint and found that it stated a claim against Defendants Berard, Das, Duenas, Igbinosa, Lackey, 20 Ogbuehi, Park and Does 1 through 3, for deliberate indifference to a serious medical need in violation 21 of the Eighth Amendment. (ECF No. 24.) The discovery and scheduling order in this action was 22 entered on April 16, 2016, with the deadline to file any amended pleading of October 16, 2015. (ECF 23 No. 36 at 2.) Plaintiff did not move to file an amended complaint prior to the deadline to amend the 24 complaint. On July 25, 2016, Defendants Berard, Das, Duenas, Igbinosa, Lackey, Ogbuehi, and Park 25 filed a motion for summary judgment. (ECF No. 78.) 26 27 In this instance, Plaintiff has been given ample opportunity to conduct discovery and to file an amended complaint as to the identity of the “Doe” Defendants, yet he has failed to do. Accordingly, 28 1 1 Plaintiff is directed to show cause within thirty (30) days from the date of service of this order as to 2 why these “Doe” Defendants should not be dismissed from the action. 3 4 IT IS SO ORDERED. 5 Dated: 6 February 8, 2017 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?