Gann v. Kokor et al

Filing 38

ORDER RESETTING Deadline for Plaintiff to File Second Amended Complaint with Information Identifying Defendants Doe 1, Doe 2, and Doe 3; Thirty (30) Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 8/9/2021. (Sant Agata, S)

Case 1:18-cv-00084-AWI-BAM Document 38 Filed 08/09/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATHANIEL MARCUS GANN,

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Plaintiff,

THIRTY (30) DAY DEADLINE

v.

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ORDER RESETTING DEADLINE FOR
PLAINTIFF TO FILE SECOND AMENDED
COMPLAINT WITH INFORMATION
IDENTIFYING DEFENDANTS DOE 1, DOE
2, AND DOE 3

Defendants.

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KOKOR, et al.,

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Case No. 1:18-cv-00084-AWI-BAM (PC)

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Plaintiff Nathaniel Marcus Gann (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s first amended complaint against Defendants Doe 1, Doe 2, and Doe 3 for deliberate

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indifference to serious medical needs in violation of the Eighth Amendment.

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On June 23, 2021, the Court granted Plaintiff’s request for a subpoena duces tecum

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directing the Warden of CSATF to produce “The Medical Staff Sign-In for 2nd Watch for

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December 21, 22, and 23 for the year 2015 for Facility E, including titles such as RN, LVN, P&S,

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etc.” to allow Plaintiff the opportunity to locate the identities of the Doe Defendants. (ECF No.

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32.) After receiving the Warden’s response, Plaintiff filed a motion to compel compliance with

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the subpoena. (ECF No. 34.) The Court granted the motion in part on July 15, 2021, finding that

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a further response was appropriate to allow the Warden of CSATF to either produce the requested

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documents or to provide further explanation as to the extent of the search for the requested
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Case 1:18-cv-00084-AWI-BAM Document 38 Filed 08/09/21 Page 2 of 2
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records. (ECF No. 35.) The Court found that sanctions were not warranted at that time and

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vacated the deadline for Plaintiff to provide the names of the Doe Defendants, to be reset

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following resolution of the subpoena. (Id.)

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Currently before the Court is a response from the Litigation Coordinator of CSATF, filed

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July 30, 2021. (ECF No. 37.) In the response, the Litigation Coordinator confirms that the

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requested records were located after a second search that included a search beyond the facility’s

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electronic records system. The requested records were mailed to Plaintiff on July 27, 2021 and

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are also attached to the response filed with the Court. (Id.)

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Based on this response, it appears Plaintiff has now received the requested records in

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compliance with the subpoena duces tecum. The Court therefore finds it appropriate to grant

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Plaintiff leave to file an amended complaint and to reset the deadline for Plaintiff to file a second

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amended complaint identifying Defendants Doe 1, Doe 2, and Doe 3. Once the Court has

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received enough information to locate the defendants for service of process, the Court will issue

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an order directing service on the defendants.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Within thirty (30) days from the date of service of this order, Plaintiff shall file a

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Second Amended Complaint substituting the names of Defendants Doe 1, Doe 2,

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and Doe 3 and providing enough information to locate the defendants for service

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of process; and

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2.

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If Plaintiff fails to comply with this order, this action will be dismissed for
failure to prosecute and failure to obey a court order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 9, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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