Dell v. Espinoza, et al.

Filing 24

ORDER DIRECTING Plaintiff to Submit Further Response; Fourteen Day Deadline signed by Magistrate Judge Michael J. Seng on 6/14/2017. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JONATHAN L. DELL, 11 12 13 14 Plaintiff, CASE No. 1:16-cv-1769-MJS (PC) ORDER DIRECTING PLAINTIFF TO SUBMIT FURTHER RESPONSE v. FOURTEEN DAY DEADLINE R. ESPINOZA et al., Defendants. 15 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights 17 action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of a 18 magistrate judge. This action proceeds on Plaintiff’s Eighth Amendment excessive force 19 Complaint against Corcoran State Prison (“CSP”) Correctional Officers (“CO”) Espinoza 20 and Roque, a failure to protect claim against Sergeant James, and a deliberate 21 indifference claim against Dr. Barnett and Lt. Martinez. (ECF Nos. 1, 9.) The incidents 22 underlying this action occurred at CSP in August 2014. 23 Defendants Barnett, James, Martinez, and Roque have been served, and they 24 filed an answer on June 9, 2017. (ECF No. 20.) CO Espinoza, however, has not yet 25 been served. His summons was returned unexecuted on the ground that this Defendant 26 was not employed at CSP in August 2014. (ECF No. 16.) Per the unexecuted summons, 27 CO Espinoza was “[t]erminated in 2005.” 28 1 1 Accordingly, on May 17, 2017, the undersigned directed Plaintiff to provide correct 2 information about CO Espinoza for service of process. (ECF No. 18.) Plaintiff has now 3 filed a motion to compel the California Department of Corrections and Rehabilitation to 4 provide this Defendant’s last known address. (ECF No. 19.) Plaintiff does not address 5 the note in the unexecuted summons that CO Espinoza was terminated from CSP in 6 2005, approximately 9 years before the incident at issue in this case. 7 In order to facilitate the identification of the correct Defendant for service of 8 process, IT IS HEREBY ORDERED that within fourteen days from the date of this Order, 9 Plaintiff shall identify his basis, if any, for disbelieving the representation that CO 10 Espinoza was not employed by CSP in August 2014. If, as it appears, Plaintiff has 11 misidentified the individual involved in his claim, he shall promptly identify the correct 12 correctional officer. 13 14 15 16 IT IS SO ORDERED. Dated: June 14, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?