Caputo v. Kern County Sheriff's Office

Filing 195

ORDER DISMISSING Doe Defendants and Reassigning Action to Magistrate Judge; New Case Number is 1:15-cv-1008 EPG (PC), signed by Chief Judge Lawrence J. O'Neill on 7/9/19. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN CAPUTO,

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Plaintiff,
v.

Case No. 1:15-cv-01008-LJO-EPG (PC)
ORDER DISMISSING DOE DEFENDANTS AND
REASSIGNING ACTION TO MAGISTRATE
JUDGE

GONZALEZ and BLACK,
Defendants.

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This action was filed on June 29, 2015. This case is proceeding on Plaintiff’s claims for

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violation of his Fourteenth Amendment due process rights against defendant Black and Doe

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Defendant(s), retaliation in violation of the First Amendment against defendant Gonzalez, and

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excessive force in violation of the Fourteenth Amendment against defendant Gonzalez. (ECF No.

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93). The Telephonic Pretrial Confirmation hearing is currently set for August 1, 2019, and both

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parties have filed their pretrial statements.

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While Plaintiff has identified defendant Black as one of the Doe Defendants, Plaintiff has

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identified no other Doe Defendants responsible for the alleged Fourteenth Amendment violation,

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despite being given numerous opportunities to do so.

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Defendants will be dismissed pursuant to Federal Rule of Civil Procedure 4(m).

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Accordingly, the remaining Doe

As all other parties have consented to the jurisdiction of a United States magistrate judge
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(ECF Nos. 5 & 192), the undersigned will assign this action to United States Magistrate Judge

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Erica P. Grosjean for all purposes within the meaning of 28 U.S.C. § 636(c), to conduct any and

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all further proceedings in the case, including the trial and entry of final judgment.

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Accordingly, IT IS ORDERED that:

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1.

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The remaining Doe Defendants are DISMISSED from this action pursuant to
Federal Rule of Civil Procedure 4(m);

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This action is assigned to United States Magistrate Judge Erica P. Grosjean for all

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purposes within the meaning of 28 U.S.C. § 636(c), to conduct any and all further

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proceedings in the case, including the trial and entry of final judgment;

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3.

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The Clerk of Court is directed to reassign this action in its entirety to United States
Magistrate Erica P. Grosjean; and

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The new case number shall be 1:15-cv-01008-EPG.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

July 9, 2019

UNITED STATES CHIEF DISTRICT JUDGE
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