Pinson v. Federal Bureau of Prisons

Filing 35

ORDER Requiring Plaintiff To Inform Court Of Name Of Doe Defendant (ECF Nos. 14 & 20 ), Twenty-One (21) Day Deadline, signed by Magistrate Judge Michael J. Seng on 12/4/2014. (Case Management Deadline: 12/29/2014) (Fahrney, E)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 JEREMY PINSON, Plaintiff, 13 14 15 16 Case No. 1:13-cv-1821-MJS (PC) ORDER REQUIRING PLAINTIFF TO INFORM COURT OF NAME OF DOE DEFENDANT v. FEDERAL BUREAU OF PRISONS, (ECF Nos. 14 & 20) Defendant. TWENTY-ONE (21) DAY DEADLINE 17 18 Plaintiff is a federal prisoner proceeding pro se and in forma pauperis in this 19 Privacy Act and civil rights action. (ECF Nos. 8 & 13.) 20 The Court screened Plaintiff’s first amended complaint (ECF No. 8), and found 21 that it stated a cognizable Privacy Act claim against the Federal Bureau of Prisons, and 22 cognizable First and Eighth Amendment claims against Defendant John Doe. 23 Plaintiff has filed two motions to identify unnamed defendants. (ECF Nos. 14 & 24 20.) The first motion seeks to identify Defendant Doe #1 as “Estrada,” and another Doe 25 Defendant as “Jesus A. Valero.” (ECF No. 14.) The second motion seeks to identify 26 Defendant Doe #1 as “Jesus A. Valero.” (ECF No. 20.) 27 28 The Court’s screening order found a cognizable claim against only one Doe 1 defendant. (ECF No. 8.) Plaintiff may not name both Estrada and Valero as Doe 2 defendants in this case. 3 Accordingly, it is HEREBY ORDERED that, within twenty-one (21) days of the 4 date of service of this order, Plaintiff shall inform the Court whether the claims found to 5 be cognizable should proceed against Estrada or Valero. 6 7 8 IT IS SO ORDERED. Dated: December 4, 2014 /s/ 9 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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