(PC) Ramos v. Mayfield et al

Filing 78

ORDER REQUIRING Defendant Mayfield to Respond to Plaintiff's 77 Discovery Requests and DENYING Plaintiff's 77 Motion to Substitute Without Prejudice, signed by Magistrate Judge Erica P. Grosjean on 1/17/2023. (Marrujo, C)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 LEOBARDO ERIC RAMOS, Plaintiff, 11 12 13 14 v. MAYFIELD, et al., Defendants. Case No. 1:21-cv-01036-ADA-EPG (PC) ORDER REQUIRING DEFENDANT MAYFIELD TO RESPOND TO PLAINTIFF’S DISCOVERY REQUESTS AND DENYING PLAINTIFF’S MOTION TO SUBSTITUTE WITHOUT PREJUDICE (ECF No. 77) 15 16 Leobardo Ramos (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is proceeding 18 on Plaintiff’s Eighth Amendment excessive force claim against defendant Mayfield and 19 defendant Doe. (ECF Nos. 10 & 21). 20 On January 13, 2023, Plaintiff filed a document titled “motion to substitute the named 21 individuals in place of Defendant DOE.” (ECF No. 77). However, Plaintiff does not ask the 22 Court to substitute a named individual in place of Defendant Doe or identify defendant Doe. 23 Instead, he includes discovery requests so that he can identify “about 4-5 people.” (Id. at 1). 24 Accordingly, the Court will direct defendant Mayfield to file a response to the discovery 25 requests. Additionally, as Plaintiff is requesting discovery from defendant Mayfield and not 26 asking the Court to substitute a named individual in place of defendant Doe, the Court will 27 deny Plaintiff’s motion to substitute without prejudice. 28 The Court notes that if Plaintiff needs additional time to file a motion to substitute the 1 1 named individual in place of defendant Doe, Plaintiff should file a motion for an extension of 2 time. 3 The Court also notes that this case is only proceeding against one Doe defendant who 4 allegedly used force on Plaintiff during the same incident as defendant Mayfield. (ECF Nos. 5 12 & 21). If Plaintiff files a motion to substitute, it is this defendant that Plaintiff must identify. 6 Accordingly, based on the foregoing, IT IS ORDERED that: 7 1. Defendant Mayfield has thirty days from the date of service of this order to 8 serve Plaintiff with responses to the discovery requests included in Plaintiff’s 9 motion to substitute (ECF No. 77). 2. Plaintiff’s motion to substitute (ECF No. 77) is denied, without prejudice. 10 11 12 13 IT IS SO ORDERED. Dated: January 17, 2023 /s/ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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