Gentile v. U.S. Federal Marshal

Filing 21

ORDER DIRECTING plaintiff to file a third amended complaint or a notice of voluntary dismissal by 6/2/2017. Order signed by Magistrate Judge Erica P. Grosjean on 4/20/2017. (Rooney, M)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

FAUSTINO RUA ORTIZ,

10

Plaintiff,

11
12
13

v.

Case No. 1:15-cv-00943-EPG
ORDER REQUIRING PLAINTIFF TO FILE
THIRD AMENDED COMPLAINT

MADRUGA, et al.,
Defendants.

14
Plaintiff is proceeding in forma pauperis in this federal civil rights case filed pursuant to
15
Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 389, 91 S. Ct.
16
1999, 2001, 29 L. Ed. 2d 619 (1971). Counsel Milton Greg Mullanax has been appointed for the
17
limited purpose of assisting Plaintiff with drafting an amended complaint and identifying
18
defendants in this case. (ECF No. 9.)
19
A Second Amended Complaint was filed on June 16, 2016, naming 20 unknown John
20
Does defendants in connection with an alleged denial of medical treatment while Plaintiff was
21
22
23

incarcerated at Lerdo State Prison in Kern County, California “under the control and direction of
the United States Marshal’s Service after being arrested for various charges related to owning and
operating a medical marijuana dispensary in Bakersfield, California.” (ECF No. 11, p. 1 ¶ 1.)

24
Plaintiff was granted leave to serve a subpoena to identify the John Doe defendants, and that
25
subpoena was returned executed on October 18, 2016. (ECF Nos. 12, 14, 17.)
26
The undersigned judge was thereafter assigned to this case, and a status conference was
27
held on April 20, 2017. Counsel for Plaintiff informed the Court that he had received a response
28
1

1

from the subpoena and had obtained relevant medical records. Plaintiff must now determine,

2

based on discovery permitted by the Court and provided to Plaintiff, whether he can state a claim

3

against named individuals.

4

Accordingly, the Court ORDERS as follows:

5

1. By June 2, 2017, Plaintiff shall file one of the following:

6

a. A Third Amended Complaint identifying the individual defendants; or

7

b. A notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal

8
9

Rules of Civil Procedure.
2. Failure to file either document will result in dismissal of the action.

10
11
12

IT IS SO ORDERED.
Dated:

April 20, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2