Dell v. Espinoza, et al.
ORDER DIRECTING Plaintiff to Submit Further Response; Fourteen Day Deadline signed by Magistrate Judge Michael J. Seng on 6/14/2017. (Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JONATHAN L. DELL,
CASE No. 1:16-cv-1769-MJS (PC)
ORDER DIRECTING PLAINTIFF TO
SUBMIT FURTHER RESPONSE
FOURTEEN DAY DEADLINE
R. ESPINOZA et al.,
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights
action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of a
magistrate judge. This action proceeds on Plaintiff’s Eighth Amendment excessive force
Complaint against Corcoran State Prison (“CSP”) Correctional Officers (“CO”) Espinoza
and Roque, a failure to protect claim against Sergeant James, and a deliberate
indifference claim against Dr. Barnett and Lt. Martinez. (ECF Nos. 1, 9.) The incidents
underlying this action occurred at CSP in August 2014.
Defendants Barnett, James, Martinez, and Roque have been served, and they
filed an answer on June 9, 2017. (ECF No. 20.) CO Espinoza, however, has not yet
been served. His summons was returned unexecuted on the ground that this Defendant
was not employed at CSP in August 2014. (ECF No. 16.) Per the unexecuted summons,
CO Espinoza was “[t]erminated in 2005.”
Accordingly, on May 17, 2017, the undersigned directed Plaintiff to provide correct
information about CO Espinoza for service of process. (ECF No. 18.) Plaintiff has now
filed a motion to compel the California Department of Corrections and Rehabilitation to
provide this Defendant’s last known address. (ECF No. 19.) Plaintiff does not address
the note in the unexecuted summons that CO Espinoza was terminated from CSP in
2005, approximately 9 years before the incident at issue in this case.
In order to facilitate the identification of the correct Defendant for service of
process, IT IS HEREBY ORDERED that within fourteen days from the date of this Order,
Plaintiff shall identify his basis, if any, for disbelieving the representation that CO
Espinoza was not employed by CSP in August 2014. If, as it appears, Plaintiff has
misidentified the individual involved in his claim, he shall promptly identify the correct
IT IS SO ORDERED.
June 14, 2017
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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