Presas v. Kern Medical Center et al
Filing
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ORDER REQUIRING Plaintiff to Provide Information on Doe Defendants for Service of Process, signed by Magistrate Judge Sheila K. Oberto on 7/11/17. Twenty-One Day Deadline. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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COSME PRESAS,
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Plaintiff,
v.
Case No. 1:13-cv-02038-DAD-SKO (PC)
ORDER REQUIRING PLAINTIFF TO
PROVIDE INFORMATION ON DOE
DEFENDANTS FOR SERVICE OF
PROCESS
KERN MEDICAL CENTER, et al.,
TWENTY-ONE (21) DAY DEADLINE
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Defendants.
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Plaintiff, Cosme Presas, is a state prisoner proceeding pro se and in forma pauperis in this
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civil rights action pursuant to 42 U.S.C. ' 1983 based on events which occurred when he was a
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pretrial detainee. Plaintiff is proceeding on his Third Amended Complaint only against
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Defendants Nurses Jane Doe 1-3 and Deputies John Doe 1-6 and only for denial of adequate
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medical care, in violation of the Due Process Clause. (See Docs. 46, 48.)
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Because Plaintiff is proceeding in forma pauperis, the court must appoint the United
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States Marshal to serve each defendant with a summons and complaint. Fed. R. Civ. Pro. 4(c)(2).
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However, the Marshal cannot locate and serve unidentified defendants. Plaintiff must provide all
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information in his possession which may assist with identifying the Doe defendants in this action
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for service of process -- such as a given Doe’s sex, hair color, facial hair, approximate age,
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height, weight, apparent ethnicity (if any), as well as any/all documents which reflect Plaintiff’s
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interaction with them. Plaintiff shall also inform the court and the U.S. Marshal of any other
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details that might assist with such identification. Absent identifying information, the Marshal will
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not be able to serve the defendants and this action will be dismissed.
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Accordingly, within twenty-one (21) days of the date of service of this order, Plaintiff
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shall provide the court with further information to assist the Marshal in serving Defendants
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Nurses Jane Doe 1-3 and Deputies John Doe 1-6.
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IT IS SO ORDERED.
Dated:
July 11, 2017
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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