Pinson v. Federal Bureau of Prisons

Filing 40

ORDER (1) Taking Under Submission Motion Regarding Collection Of Filing Fees (ECF No. 14 ); 92) Granting In Part And Denying In Part Motion To Identify Unnamed Defendants (ECF No. 14 ), (3) Granting Motion To Identify Unnamed Defendant (ECF No. 20 ); (4) Deeming First Amended Complaint (ECF No. 8 ) Amended To Substitute Jesus A. Valero In Place Of Defendant Doe #1; (5) Directing Clerk's Office To Amend Court Records To Reflect Substitution; And (6) Directing Plaintiff To Submit Service Documents, Thirty Day Deadline, signed by Magistrate Judge Michael J. Seng on 12/30/2014. (Attachments: # 1 First Amended Complaint, # 2 USM Instructions) (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEREMY PINSON,
Plaintiff,

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Case No. 1:13-cv-1821-AWI-MJS (PC)
ORDER:

v.
FEDERAL BUREAU OF PRISONS,

(1) TAKING UNDER SUBMISSION
MOTION REGARDING COLLECTION OF
FILING FEES (ECF No. 14);

Defendant.
(2) GRANTING IN PART AND DENYING
IN PART MOTION TO IDENTIFY
UNNAMED DEFENDANTS (ECF No. 14);
(3) GRANTING MOTION TO IDENTIFY
UNNAMED DEFENDANT (ECF No. 20);
(4) DEEMING FIRST AMENDED
COMPLAINT (ECF No. 8) AMENDED TO
SUBSTITUTE JESUS A. VALERO IN
PLACE OF DEFENANT DOE #1;
(5) DIRECTING CLERK’S OFFICE TO
AMEND COURT RECORDS TO
REFLECT SUBSTITUTION; AND
(6) DIRECTING PLAINTIFF TO SUBMIT
SERVICE DOCUMENTS
THIRTY DAY DEADLINE
Plaintiff is a federal prisoner proceeding pro se and in forma pauperis in this

1 Privacy Act and civil rights action. (ECF Nos. 8 & 13.)
The Court screened Plaintiff’s first amended complaint (ECF No. 8), and found

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3 that it stated a cognizable Privacy Act claim against the Federal Bureau of Prisons, and
4 cognizable First and Eighth Amendment claims against Defendant John Doe.
Plaintiff filed two motions to identify unnamed defendants, which the Court

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6 construes as motions to amend the first amended complaint. (ECF Nos. 14 & 20.) The
7 first motion seeks to identify Defendant Doe #1 as “Estrada,” and another Doe
8 Defendant as “Jesus A. Valero.”1 (ECF No. 14.) The second motion seeks to identify
9 Defendant Doe #1 as “Jesus A. Valero.” (ECF No. 20.)
On December 5, 2014, the Court noted that cognizable claims had been alleged

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11 against only one Doe defendant (see ECF No. 15), and ordered Plaintiff to notify the
12 Court whether he intended to proceed against “Estrada” or “Jesus A. Valero” as
13 Defendant Doe #1. (ECF No. 35.) Plaintiff responded that he wished to substitute Jesus
14 A. Valero as Defendant Doe #1. (ECF No. 39.)
Based on Plaintiff’s submissions (ECF Nos. 14, 20, & 39), it appears that Jesus

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16 A. Valero is the name of the individual whose actions are at issue in this case.
17 Accordingly, the Court will deem Plaintiff’s first amended complaint (ECF No. 8)
18 amended to substitute Jesus A. Valero in place of Defendant Doe #1. Plaintiff’s motion
19 to substitute “Estrada” in place of Defendant Doe #1 (ECF No. 14) will be denied.
Based on the foregoing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion regarding collection of filing fees (ECF No. 14) is taken

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under submission;

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2. Plaintiff’s motion to substitute “Estrada” in place of Defendant Doe #1

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(ECF No. 14) is DENIED;

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3. Plaintiff’s motion to substitute Jesus A. Valero in place of Defendant Doe

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#1 (ECF Nos. 14, 20, and 39) is GRANTED;

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The motion also seeks to have filing fees for this and Plaintiff’s six other actions deducted from his prison trust
account sequentially, rather than simultaneously. The filing fee portion of Plaintiff’s motion will be held under
submission and addressed by the Court in a separate order.

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4. Plaintiff’s first amended complaint (ECF No. 8) is deemed amended to

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reflect the substitution of Jesus A. Valero in place of Defendant Doe #1;

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5. The Clerk ‘s Office is directed to amend Court records to reflect the
substitution;

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6. Service shall be initiated on the following defendant:

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Jesus A. Valero, Special Investigative Agent at United States

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Penitentiary, Atwater

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7. The Clerk of Court shall send Plaintiff one (1) USM-285 form, one (1)

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summons, a Notice of Submission of Documents form, an instruction

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sheet, and a copy of the first amended complaint filed December 11,

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2013;

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8. Within thirty (30) days from the date of this order, Plaintiff shall complete

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the attached Notice of Submission of Documents and submit the

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completed Notice to the Court with the following documents:

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a. Completed summonses;

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b. One completed USM-285 form for the defendant listed above; and

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c. Two (2) copies of the endorsed complaint filed December 11, 2013;

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9. Plaintiff need not attempt service on the defendant and need not request

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waiver of service. Upon receipt of the above-described documents, the

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Court will direct the United States Marshal to serve the above-named

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defendant pursuant to Federal Rules of Civil Procedure 4 without payment

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of costs; and

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10. The failure to comply with this order will result in dismissal of this action.

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IT IS SO ORDERED.
Dated:

December 30, 2014

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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