Alfonso Hall v. Smith et al

Filing 48

ORDER Granting Plaintiff's 47 Motion to Substitute Identities of Doe Defendants 1-4; ORDER Directing Plaintiff to File Third Amended Complaint signed by Magistrate Judge Barbara A. McAuliffe on 05/09/2018. Thirty-Day Deadline. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALFONSO HALL,

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Plaintiff,
v.

Case No. 1:15-cv-00860-LJO-BAM (PC)
ORDER GRANTING PLAINTIFF’S MOTION
TO SUBSTITUTE IDENTITIES OF DOE
DEFENDANTS 1-4
(Doc. 47)

D. SMITH, et al.,

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Defendants.

ORDER DIRECTING PLAINTIFF TO FILE
THIRD AMENDED COMPLAINT

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THIRTY-DAY DEADLINE
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Plaintiff Alfonso Hall is a state prisoner proceeding pro se and in forma pauperis in this
action pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion to substitute the identifies of Doe

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Defendants 1 through 4. Plaintiff states that he has identified the Doe Defendants as (1) D.

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Coontz, Correctional Officer, PERNR #18662; (2) C. Wallace, Correctional Officer, PERNR

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#22966; (3) S. Carey, Correctional Officer, PERNR #24402; and (4) D. Handy, Correctional

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Officer, PERNR # 68696.

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The Court finds good cause to allow Plaintiff to file a third amended complaint to

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substitute the identities of these Doe Defendants. Fed. R. Civ. P. 15(a). Plaintiff’s motion presents

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his good faith assertion that he has diligently engaged in discovery and has now identified these

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Doe Defendants, and the Court finds no evidence of prejudice, bad faith, undue delay, or futility.

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Plaintiff also requests that the Court order service of process. The Court informs Plaintiff

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that he must first amend his pleading to substitute the identity of each Doe Defendant in the

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allegations. Once Plaintiff files his third amended complaint, the Court will review and screen the

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third amended complaint. If the Court finds that Plaintiff has properly amended his pleading as

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instructed in this order, it will then direct the Clerk of the Court to send the forms to Plaintiff to

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initiate service of process.

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Accordingly, Plaintiff shall be granted leave to file a third amended complaint, within

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thirty (30) days, for the sole purpose of identifying the Doe Defendants named above. Plaintiff

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should note that although he has been granted leave to amend, he may not change the nature of

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this suit by adding new, unrelated claims in his second amended complaint. George v. Smith, 507

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F.3d 605, 607 (7th Cir. 2007). Plaintiff is further advised that an amended complaint supersedes

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the original complaint, Lacey v. Maricopa Cnty., 693 F.3d 896, 927 (9th Cir. 2012) (en banc), and

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it must be “complete in itself without reference to the prior or superseded pleading,” Local Rule

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220. Each claim and the involvement of each defendant must be sufficiently alleged.

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The third amended complaint should be clearly and boldly titled “Third Amended

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Complaint,” refer to the appropriate case number (1:15-cv-00860-LJO-BAM), and be an original

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signed under penalty of perjury.

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Accordingly, it is HEREBY ORDERED that:

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1.

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Plaintiff’s motion to substitute the identifies of Doe Defendants 1 through 4 (Doc.

47), is GRANTED;

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2.

Within thirty (30) days from the date of service of this order, Plaintiff shall file a

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third amended complaint as discussed in this order; and

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///

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///
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3.

No requests for extension of time will be granted without a showing of good cause.

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Failure to comply with this order will result in a recommendation for a sanction, potentially

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including a dismissal of a claim or party.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 9, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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