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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 BRIAN CAPUTO, 12 ORDER DENYING PLAINTIFF’S MOTION TO ADD DEPUTY DELGADO AS DOE DEFENDANT Plaintiff, 10 11 Case No. 1:15-cv-01008-LJO-EPG (PC) v. (ECF NO. 90) GONZALES, et al., Defendants. 13 14 Brian Caputo (“Plaintiff”) is a prisoner1 proceeding pro se and in forma pauperis in this 15 civil rights action filed pursuant to 42 U.S.C. § 1983. On November 27, 2017, Plaintiff filed a 16 motion to substitute Sgt. Black and Deputy Delgado in place of Doe defendants. (ECF No. 72). 17 On December 26, 2017, the Court granted the request as to Sgt. Black, but denied it as to 18 Deputy Delgado because it appeared that “Deputy Delgado had nothing to do with Plaintiff’s 19 Fourteenth Amendment due process claim,” which is the claim that is proceeding against Doe 20 defendants. (ECF No. 75, pgs. 2-3). While the Court denied the motion as to Deputy Delgado, 21 the Court did grant Plaintiff leave to amend his complaint if he wanted to add a claim against 22 Deputy Delgado. (Id.). Plaintiff did not file an amended complaint. 23 On April 12, 2018, Plaintiff filed another motion to add Deputy Delgado in place of a 24 Doe defendant. (ECF No. 90). Based on the allegations in the motion, it still appears that 25 Deputy Delgado had nothing to do with the alleged denial of Plaintiff’s Fourteenth Amendment 26 due process rights. As Plaintiff is asking for the same relief the Court already denied, 27 28 1 At the time of the incidents alleged in the complaint, Plaintiff was detained at Kern County Jail. He is now incarcerated at FCI Marianna. 1 1 Plaintiff’s request will be denied for the reasons laid out in the Court’s prior order. 2 Accordingly, for the reasons laid out in the Court’s prior order (ECF No. 75), IT IS 3 ORDERED that Plaintiff’s motion to add Deputy Delgado in place of a Doe defendant is 4 DENIED. 5 6 7 IT IS SO ORDERED. Dated: April 13, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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