(PC) Segura v. Sgt. Maldonado et al

Filing 25

ORDER Directing Plaintiff to Provide Written Notice Identifying Doe Defendant for Service of Process or Show Cause why Doe Defendant Should not be Dismissed for Failure to Prosecute, signed by Magistrate Judge Barbara A. McAuliffe on 02/05/2024. Response due within Twenty-One Days. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OMAR SEGURA,

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Case No. 1:23-cv-00780-JLT-BAM (PC)
Plaintiff,

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v.

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MALDONADO, et al.,

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Defendants.

ORDER DIRECTING PLAINTIFF TO
PROVIDE WRITTEN NOTICE
IDENTIFYING DOE DEFENDANT FOR
SERVICE OF PROCESS OR SHOW CAUSE
WHY DOE DEFENDANT SHOULD NOT BE
DISMISSED FOR FAILURE TO
PROSECUTE

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(ECF No. 11)

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TWENTY-ONE (21) DAY DEADLINE

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Plaintiff Omar Segura (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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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 Coelho1 and John Doe 1 in violation of the

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Eighth Amendment.

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On October 10, 2023, the Court directed Plaintiff to provide the Court with written notice

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identifying Defendant John Doe 1 with enough information to locate the defendant for service of

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process. (ECF No. 11.) Following re-service of the order to Plaintiff’s new address, Plaintiff’s

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written notice identifying the defendant was due on or before January 22, 2024.

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///

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Erroneously sued as “Cohello.”

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As of the date of this order, Plaintiff has not submitted written notice identifying
Defendant John Doe 1 for service of process.
Accordingly, IT IS HEREBY ORDERED as follows:
1. Within twenty-one (21) days from the date of service of this order, Plaintiff shall provide

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the Court with written notice identifying Defendant John Doe 1 with enough information

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to locate the defendant for service of process, or shall show cause in writing why

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Defendant John Doe 1 should not be dismissed from this action for failure to prosecute;

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and

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2. Plaintiff’s failure to comply with this order will result in the dismissal of the
unidentified defendant from this action.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 5, 2024

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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