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