Caputo v. Kern County Sheriff's Office

Filing 92

ORDER DENYING Plaintiff's 90 Motion to Add Deputy Delgado as Doe Defendant, signed by Magistrate Judge Erica P. Grosjean on 4/13/18. (Marrujo, C)

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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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ORDER DENYING PLAINTIFF’S
MOTION TO ADD DEPUTY
DELGADO AS DOE DEFENDANT

Plaintiff,

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Case No. 1:15-cv-01008-LJO-EPG (PC)

v.

(ECF NO. 90)

GONZALES, et al.,
Defendants.

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Brian Caputo (“Plaintiff”) is a prisoner1 proceeding pro se and in forma pauperis in this

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civil rights action filed pursuant to 42 U.S.C. § 1983. On November 27, 2017, Plaintiff filed a

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motion to substitute Sgt. Black and Deputy Delgado in place of Doe defendants. (ECF No. 72).

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On December 26, 2017, the Court granted the request as to Sgt. Black, but denied it as to

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Deputy Delgado because it appeared that “Deputy Delgado had nothing to do with Plaintiff’s

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Fourteenth Amendment due process claim,” which is the claim that is proceeding against Doe

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defendants. (ECF No. 75, pgs. 2-3). While the Court denied the motion as to Deputy Delgado,

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the Court did grant Plaintiff leave to amend his complaint if he wanted to add a claim against

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Deputy Delgado. (Id.). Plaintiff did not file an amended complaint.

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On April 12, 2018, Plaintiff filed another motion to add Deputy Delgado in place of a

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Doe defendant. (ECF No. 90). Based on the allegations in the motion, it still appears that

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Deputy Delgado had nothing to do with the alleged denial of Plaintiff’s Fourteenth Amendment

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due process rights.

As Plaintiff is asking for the same relief the Court already denied,

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At the time of the incidents alleged in the complaint, Plaintiff was detained at Kern County Jail. He is
now incarcerated at FCI Marianna.
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Plaintiff’s request will be denied for the reasons laid out in the Court’s prior order.

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Accordingly, for the reasons laid out in the Court’s prior order (ECF No. 75), IT IS

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ORDERED that Plaintiff’s motion to add Deputy Delgado in place of a Doe defendant is

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DENIED.

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IT IS SO ORDERED.
Dated:

April 13, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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