Long v. Corizon Health, Inc. et al.

Filing 13

ORDER GRANTING Plaintiff 90 Days to Identify Jane Doe, signed by Magistrate Judge Jennifer L. Thurston on 2/14/2019. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PHILLIP J. LONG,
Plaintiff,

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CASE NO. 1:17-cv-0898-LJO-JLT (PC)
ORDER GRANTING PLAINTIFF 90 DAYS
TO IDENTIFY JANE DOE

v.
CORIZON HEALTH, INC., et al.,
Defendants.

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This action proceeds against a single Jane Doe defendant on an Eighth Amendment claim.

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(Docs. 11, 12.) Although plaintiff has stated a claim against Jane Doe, the Court will not require

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service on this defendant at this time. The Ninth Circuit has held that where identity is unknown

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prior to the filing of a complaint, the plaintiff should be given an opportunity through discovery to

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identify the unknown defendants unless it is clear that discovery would not uncover the identities,

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or that the complaint would be dismissed on other grounds. Wakefield v. Thompson, 177 F.3d

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1160, 1163 (9th Cir. 1999) (citing Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980)).

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Accordingly, the Court GRANTS plaintiff 90 days in which to discover the name of Jane

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Doe through subpoena or otherwise, and to substitute this defendant’s actual name by filing a

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“notice of substitution.” See Wakefield, 177 F.3d at 1163. If, within 90 days, plaintiff fails to file a

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notice of substitution that provides the actual name of Jane Doe, the Court will recommend

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dismissal of this action without prejudice.
IT IS SO ORDERED.

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Dated:

February 14, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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