(PC) Lear v. Navarro et al

Filing 60

ORDER DISCHARGING 56 Order to Show Cause Why Defendant Plata Should Not be Dismissed from this Action for Failure to Provide Sufficient Information to Effectuate Service; ORDER Construing Plaintiff's Response to Order to Show Cause as a Motion for Extension of Time; ORDER DENYING 59 without Prejudice Plaintiff's Motion for Extension of Time to Identify Defendant Plata, signed by Magistrate Judge Barbara A. McAuliffe on 05/09/2022. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RODERICK WILLIAM LEAR,

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Plaintiff,

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v.
NAVARRO, et al.,

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Defendants.

Case No. 1:21-cv-00600-DAD-BAM (PC)
ORDER DISCHARGING ORDER TO SHOW
CAUSE WHY DEFENDANT PLATA
SHOULD NOT BE DISMISSED FROM THIS
ACTION FOR FAILURE TO PROVIDE
SUFFICIENT INFORMATION TO
EFFECTUATE SERVICE
(ECF No. 56)
ORDER CONSTRUING PLAINTIFF’S
RESPONSE TO ORDER TO SHOW CAUSE
AS A MOTION FOR EXTENSION OF TIME

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ORDER DENYING WITHOUT PREJUDICE
PLAINTIFF’S MOTION FOR EXTENSION
OF TIME TO IDENTIFY DEFENDANT
PLATA
(ECF No. 59)

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Plaintiff Roderick William Lear (“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 case proceeds on

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Plaintiff’s first amended complaint against Defendants Navarro, Neve, Allison, and Plata for

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excessive force in violation of the Eighth Amendment, arising from the incident on January 4,

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2020.

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On March 23, 2022, the Court issued an order directing service on Defendant Plata in this
case under the Court’s E-Service pilot program for civil rights cases for the Eastern District of
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California. (ECF No. 48.) The order included the following information regarding Defendant

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Plata: “Plata, Correctional Officer; California State Prison – Corcoran; January 4, 2020.” (Id. at

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2.) On April 26, 2022, the Court received information that Defendant Plata could not be

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identified.

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Accordingly, on April 27, 2022, the Court issued an order to show cause why Defendant

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Plata should not be dismissed from this action for failure to provide sufficient information to

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effectuate service, and directed Plaintiff to file a response within thirty days. (ECF No. 56.)

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Currently before the Court is Plaintiff’s response, filed May 6, 2022. (ECF No. 59.) In

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his response, Plaintiff argues that as he is incarcerated and proceeding pro se, he cannot locate

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Defendant Plata on his own. While he has served discovery on the other named defendants, the

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Court has granted them a second extension of time to serve their discovery responses after new

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counsel was assigned. (See ECF No. 54.) Plaintiff states that the January 4, 2020 incident at

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issue in this action occurred in the 4A2R Rotunda and 4A2R/Left ICC Room, and references

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Appeal #5-20-00062. However, Plaintiff also asks that the Court wait until Defendants respond

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to his discovery requests before dismissing Defendant Plata, if this information is not sufficient

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identifying information. (ECF No. 59.)

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Upon review of the filing, the Court finds it appropriate to construe the response as a

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motion for extension of time to provide additional identifying information for Defendant Plata,

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and finds that a response from Defendants is not necessary. The motion is deemed submitted.

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Local Rule 230(l).

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In light of Plaintiff’s efforts to obtain identifying information for Defendant Plata,

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including submitting timely discovery requests to the other named defendants, the Court will

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discharge the order to show cause. However, because Plaintiff has already provided additional

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identifying information for Defendant Plata, Plaintiff’s motion for extension of time will be

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denied, without prejudice. The Court finds that it will be a more efficient use of resources to

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attempt to serve Defendant Plata based on the new information Plaintiff provided. If service is

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again unsuccessful, Plaintiff may file a renewed request to provide additional information about

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Defendant Plata after he receives Defendants’ responses to his discovery responses.
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Based on the foregoing, it is HEREBY ORDERED that:

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1. The April 27, 2022 order to show cause, (ECF No. 56), is DISCHARGED;

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2. Plaintiff’s response to the order to show cause, (ECF No. 59), is construed as a motion for

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extension of time;

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3. Plaintiff’s motion for extension of time, (ECF No. 59), is DENIED, without prejudice; and

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4. The Court will issue a separate order regarding E-Service of Defendant Plata.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 9, 2022

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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