Presas v. Kern Medical Center et al

Filing 49

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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 COSME PRESAS, 10 11 12 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 13 Defendants. 14 15 Plaintiff, Cosme Presas, is a state prisoner proceeding pro se and in forma pauperis in this 16 civil rights action pursuant to 42 U.S.C. ' 1983 based on events which occurred when he was a 17 pretrial detainee. Plaintiff is proceeding on his Third Amended Complaint only against 18 Defendants Nurses Jane Doe 1-3 and Deputies John Doe 1-6 and only for denial of adequate 19 medical care, in violation of the Due Process Clause. (See Docs. 46, 48.) 20 Because Plaintiff is proceeding in forma pauperis, the court must appoint the United 21 States Marshal to serve each defendant with a summons and complaint. Fed. R. Civ. Pro. 4(c)(2). 22 However, the Marshal cannot locate and serve unidentified defendants. Plaintiff must provide all 23 information in his possession which may assist with identifying the Doe defendants in this action 24 for service of process -- such as a given Doe’s sex, hair color, facial hair, approximate age, 25 height, weight, apparent ethnicity (if any), as well as any/all documents which reflect Plaintiff’s 26 interaction with them. Plaintiff shall also inform the court and the U.S. Marshal of any other 27 details that might assist with such identification. Absent identifying information, the Marshal will 28 not be able to serve the defendants and this action will be dismissed. 1 Accordingly, within twenty-one (21) days of the date of service of this order, Plaintiff 1 2 shall provide the court with further information to assist the Marshal in serving Defendants 3 Nurses Jane Doe 1-3 and Deputies John Doe 1-6. 4 5 6 IT IS SO ORDERED. Dated: July 11, 2017 /s/ Sheila K. Oberto 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 .

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