Recino v. Unknown

Filing 49

ORDER DIRECTING Plaintiff to Provide Written Notice Identifying Doe Defendants for Service of Process or SHOW CAUSE Why this Action should not be Dismissed; Show Cause Response due within Thirty (30) Days signed by Magistrate Judge Barbara A. McAuliffe on 4/16/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERTO R. RECINO,

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Plaintiff,
v.
UNKNOWN,

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ORDER DIRECTING PLAINTIFF TO
PROVIDE WRITTEN NOTICE
IDENTIFYING DOE DEFENDANTS FOR
SERVICE OF PROCESS OR SHOW CAUSE
WHY THIS ACTION SHOULD NOT BE
DISMISSED

Defendant.
THIRTY (30) DAY DEADLINE

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Case No. 1:15-cv-00362-LJO-BAM (PC)

Plaintiff Roberto R. Recino (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action. This action currently proceeds on Plaintiff’s third amended

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complaint against two unknown correctional officers for failing to intercede as Plaintiff was
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beaten by other inmates, and for delaying in obtaining medical treatment for him after the beating,
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in violation of the Eighth Amendment.
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On September 13, 2017, the Court granted in part Plaintiff’s motion for issuance of a

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subpoena duces tecum directing the Warden of California State Prison, Corcoran, to produce any
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and all medical reports relating to Plaintiff, from April 2004 to August 2004. (ECF No. 46.) The
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subpoena was returned executed on September 20, 2017. (ECF No. 48.)
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As of the date of this order, Plaintiff has not submitted written notice identifying the two
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unknown correctional officers for service of process or otherwise communicated with the Court.
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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Within thirty (30) days from the date of service of this order, Plaintiff shall provide the

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Court with written notice identifying Doe Defendants with enough information to locate

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the defendants for service of process, or shall show cause in writing why Doe Defendants

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should not be dismissed from this action for failure to prosecute; and

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2. Plaintiff’s failure to comply with this order will result in dismissal of Doe Defendants
from this action, and this action will be closed without further notice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 16, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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