Martinez Castro v. Unnamed Defendants

Filing 22

ORDER GRANTING Plaintiff's 21 Motion to Include Names for His Doe Defendants in the Complaint, signed by Magistrate Judge Gary S. Austin on 9/30/2014. Thirty Day Deadline to File Complaint. (Marrujo, C)

1
2
3
4
5
6
7

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

GLENN S. MARTINEZ CASTRO,

12

Plaintiff,

13
14

vs.
UNNAMED DEFENDANTS, et al.,

15

Defendants.

16

1:14-cv-01326-GSA-PC
ORDER GRANTING PLAINTIFF’S
MOTION TO INCLUDE NAMES FOR
HIS DOE DEFENDANTS IN THE
COMPLAINT
(Doc. 6.)
THIRTY DAY DEADLINE TO FILE
COMPLAINT

17

Glenn S. Martinez Castro (“Plaintiff”) is a state prisoner proceeding pro se in this civil

18

rights action pursuant to 42 U.S.C. ' 1983. On April 7, 2014, Plaintiff sent a letter to the U.S.

19

District Court for the Southern District of California, requesting assistance. (Doc. 1.) The

20

court construed Plaintiff’s letter as an attempt to file a complaint, filed the letter, and opened a

21

civil rights action pursuant to 42 U.S.C. § 1983.

22

Because there was no complaint on file in this case, the court issued an order on August

23

26, 2014, requiring Plaintiff to file a complaint within thirty days. (Doc. 12.) Plaintiff was

24

granted an extension of time to file the complaint. (Doc. 15.) On September 26, 2014, Plaintiff

25

filed a motion for leave to amend the complaint to include names for his Doe Defendants (Doc.

26

21.)

27

Plaintiff states that he filed a complaint in this action on September 20, 2014, and he

28

requests leave to amend the complaint to provide names for his Doe Defendants. However, the
1

1

court record does not show any complaint filed by Plaintiff in this case. The court has no

2

record of receiving a complaint submitted by Plaintiff for this action on or about September 20,

3

2014.

4

Good cause appearing, Plaintiff shall be granted another extension of time to file a

5

complaint. Plaintiff’s motion to include names for his Doe Defendants in the complaint shall

6

be granted.

7

Based on the foregoing, and good cause appearing, IT IS HEREBY ORDERED that:

8

1.

9

Plaintiff is GRANTED an extension of time until thirty days from the date of

service of this order in which to file a complaint, pursuant to the court’s order of August 26,

10

2014; and

11

2.

12

Plaintiff’s motion to include names for his Doe Defendants in the complaint is

GRANTED.

13
14
15
16

IT IS SO ORDERED.
Dated:

September 30, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22

23
24
25
26
27
28
2