Coats v. Chaudhri et al

Filing 46

ORDER to SHOW CAUSE Why Doe Defendants should not be Dismissed; Show Cause Response due within Twenty-One (21) Days signed by Magistrate Judge Barbara A. McAuliffe on 9/12/2017. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM THOMAS COATS, 12 Plaintiff, 13 14 v. MUHAMMAD CHAUDHRI, et al., 15 Case No. 1:13-cv-02032-AWI-BAM (PC) ORDER TO SHOW CAUSE WHY DOE DEFENDANTS SHOULD NOT BE DISMISSED TWENTY-ONE (21) DAY DEADLINE Defendants. 16 Plaintiff William Thomas Coats (“Plaintiff”) is a state prisoner proceeding pro se and in 17 18 forma pauperis in the civil rights action under 42 U.S.C. § 1983. 19 On November 3, 2014, the Court found that Plaintiff’s complaint stated a cognizable 20 claim against Defendant Dr. Chaudhri and John Doe emergency medical staff at the prison for 21 deliberate indifference to serious medical needs in violation of the Eighth Amendment.1 The 22 Court ordered service of the complaint on Defendant Dr. Chaudhri, but notified Plaintiff that 23 service on the doe defendants was not appropriate because the United States Marshal could not 24 serve a doe defendant. The Court therefore ordered Plaintiff to provide the Court with written 25 notice identifying the doe defendants with enough information to locate them for service of 26 27 28 1 All other claims and defendants were dismissed from this action. (ECF No. 10.) By separate order, the Court has issued findings and recommendations that Defendant Chaudhri’s motion for summary judgment be granted. (ECF No. 45.) 1 1 process within one-hundred twenty (120) days. (ECF No. 10.) Plaintiff failed to provide written 2 notice to the Court identifying the doe defendants within the specified time limit. 3 Accordingly, within twenty-one (21) days from the date of service of this order, Plaintiff 4 shall show cause why the doe defendants should not be dismissed from this action. Plaintiff may 5 comply with this order by providing sufficient information for the United States Marshal to 6 identify and locate the doe defendants for service of process. Plaintiff’s failure to respond to this 7 order will result in dismissal of the Doe Defendants. 8 9 10 IT IS SO ORDERED. Dated: /s/ Barbara September 12, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 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?