Wiseman v. Doe et al

Filing 17

ORDER Amending the Complaint Substituting True Names for Doe Defendants signed by Magistrate Judge Jennifer L. Thurston on 06/05/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHESTER RAY WISEMAN,
Plaintiff,

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v.

Case No. 1:17-cv-01166-AWI-JLT (PC)
ORDER AMENDING THE COMPLAINT
SUBSTITUTING TRUE NAMES FOR DOE
DEFENDANTS
(Docs. 10, 13, 15, 16)

DOE, et al.,
Defendants.

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Plaintiff recently submitted information providing the true identities of the defendants in

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this action in which he states that “J. Gonzalez” is John Doe #1 and “J. Haro” is John Doe #2.

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(Doc. 16) The Court construes this as a motion to amend the Complaint.

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Under Rule 15(a), a plaintiff may amend his complaint once “as a matter of course,” and

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without leave of court, before a response has been filed. Fed.R.Civ.P. 15(a)(1); Bonin v.

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Calderon, 59 F.3d 815, 845 (9th Cir.1995). Conversely, once a responsive pleading has been

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filed, a party may only amend the pleading with the opposing party’s written consent or leave of

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court. Fed.R.Civ.P. 15(a) (2).

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In this case, the Court has directed the USMS to serve the complaint in this action on Doe

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#1 and Doe #2 based on the physical descriptions Plaintiff provided previously, (see Docs. 11-

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15), but neither defendant has filed a responsive pleading. Permitting the substitution of “J.

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Gonzalez” in place and instead of John Doe #1 and “J. Haro” in place and instead of John Doe #2
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is appropriate. Accordingly, the Court ORDERS:
(1) “J. Gonzalez” is hereby substituted in place and instead of Defendant “John Doe #1”;
(2) “J. Haro” is hereby substituted in place and instead of Defendant “John Doe #2”; and
(3) the Clerk of the Court is directed to:

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a. update the docket of this action to reflect these substitutions,

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b. change the name of this case to “Chester Ray Wiseman v. J. Gonzalez, et al.”;

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c. and to forward this order to the USM to be utilized in service of the Complaint

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on the defendants in this action.

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IT IS SO ORDERED.
Dated:

June 5, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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