Wiseman v. Doe et al
ORDER for Plaintiff to Provide Additional Information to Identify Doe Defendants for Service of Process signed by Magistrate Judge Jennifer L. Thurston on 04/12/2018. Response due by 5/7/2018.(Flores, E)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CHESTER RAY WISEMAN,
Case No. 1:17-cv-01166-AWI-JLT (PC)
ORDER FOR PLAINTIFF TO PROVIDE
ADDITIONAL INFORMATION TO IDENTIFY
DOE DEFENDANTS FOR SERVICE OF PROCESS
(Docs. 1, 10, 11)
DOE, et al.,
Plaintiff has stated cognizable claims under the Eighth Amendment against two Doe
Defendants (unidentified correctional officers) who ignored his plea for help when he was
suicidal and instead sprayed him with pepper-spray. (Docs. 1, 10.) However, this action cannot
advance without information upon which to identify the Doe Defendants for service of process.
Plaintiff was given opportunity to submit all information that he possessed from which the
identities of the Doe Defendants might be extrapolated. In response, Plaintiff submitted a number
of documents, from his inmate appeal on the incident to his bed assignments. However, none of
the documents submitted by Plaintiff provide any identifying information on the Doe Defendants.
Thus, Plaintiff is given opportunity to provide all additional information that he believes
might assist in identifying and/or locating the Doe Defendants. If Plaintiff has any records
reflecting the name(s) and/or signature(s) of either of the Doe Defendants he must submit them to
assist service efforts. Plaintiff must also provide information such as the place, date, and time
that he encountered the Doe Defendants, what their normal shifts were (or when and where before
or after the events alleged in this action Plaintiff has encountered them) and all identifying
attributes that he can recall about them such as their gender, hair color, height, weight,
race/ethnicity, and any other distinguishing features.
If Plaintiff feels the identities of the Doe Defendants can be extrapolated from the
documents he already submitted, he should submit a statement identifying the information by
specific location on a given page. Plaintiff is cautioned and encouraged to submit everything he
has in response to this order. If the Doe Defendants cannot be identified, they cannot be served
which will result in recommendation that this action be dismissed. Fed. R.Civ. P. 4(m).
Accordingly, the Court ORDERS that within 21 days from the date of this order,
Plaintiff SHALL provide all information available to him to identify the Doe Defendants for
service of process. Plaintiff’s failure to comply with the Court’s order, or to provide
identifying information on the Doe Defendants, will result in a recommendation that this
action be dismissed.
IT IS SO ORDERED.
April 12, 2018
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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?