Martinez v. Three Unknown Guards of CDCR, et al.

Filing 32

ORDER DIRECTING Plaintiff to Provide Written Notice Identifying Doe Defendant for Service of Process, OR SHOW CAUSE Why Doe Defendant Should Not be Dismissed, signed by Magistrate Judge Barbara A. McAuliffe on 12/27/18. Fourteen Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTONIO MARTINEZ,
Plaintiff,

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vs.

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F. ROJAS, et. al.,

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Defendants.

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No.: 1:16-cv-01467-DAD-BAM (PC)
ORDER DIRECTING PLAINTIFF TO
PROVIDE WRITTEN NOTICE
IDENTIFYING DOE DEFENDANT FOR
SERVICE OF PROCESS, OR SHOW
CAUSE WHY DOE DEFENDANT
SHOULD NOT BE DISMISSED
FOURTEEN DAY DEADLINE

Plaintiff Antonio Martinez is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. This action currently proceeds against

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Registered Nurse F. Rojas and Officer Doe #3 for deliberate indifference in violation of the

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Eighth Amendment. (Doc. No. 22.) Officer Doe #3 is described in Plaintiff’s second amended

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complaint as a receiving and release officer employed at Pleasant Valley State Prison on May 16,

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2016. (Doc. No. 22, at 3, 9.)

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On October 24, 2018, the Court issued an order advising Plaintiff on his duty to identify

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Officer Doe #3 for service of process, with information and the applicable rules as guidance.

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(Doc. No. 29.) In addition, the Court ordered Plaintiff to provide, within forty-five (45) days, a

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motion for leave to amend his pleading to substitute the identify of Officer Doe #3, or a request

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to obtain the information necessary to identify Officer Doe #3. (Id. at 3-4.)

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The above deadline has now passed, and Plaintiff has not complied with the Court’s order
or otherwise communicated with the Court.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1.

Within fourteen (14) days from the date of service of this order, Plaintiff shall:
a.

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Officer Doe #3,

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b.

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c.

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Shall show cause in writing why Officer Doe #3 should not be dismissed
for the failure to serve with process; and

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File a request to obtain the information necessary to identify Officer Doe
#3, or

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File a motion for leave to amend his pleading to substitute the identify of

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Plaintiff’s failure to comply with this order will result in the dismissal of

Officer Doe #3 from this action.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 27, 2018

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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