(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 OMAR SEGURA, 12 Case No. 1:23-cv-00780-JLT-BAM (PC) Plaintiff, 13 v. 14 MALDONADO, et al., 15 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 16 (ECF No. 11) 17 TWENTY-ONE (21) DAY DEADLINE 18 Plaintiff Omar Segura (“Plaintiff”) is a state prisoner proceeding pro se and in forma 19 20 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on 21 Plaintiff’s first amended complaint against Defendants Coelho1 and John Doe 1 in violation of the 22 Eighth Amendment. 23 On October 10, 2023, the Court directed Plaintiff to provide the Court with written notice 24 identifying Defendant John Doe 1 with enough information to locate the defendant for service of 25 process. (ECF No. 11.) Following re-service of the order to Plaintiff’s new address, Plaintiff’s 26 written notice identifying the defendant was due on or before January 22, 2024. 27 /// 28 1 Erroneously sued as “Cohello.” 1 1 2 3 4 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 5 the Court with written notice identifying Defendant John Doe 1 with enough information 6 to locate the defendant for service of process, or shall show cause in writing why 7 Defendant John Doe 1 should not be dismissed from this action for failure to prosecute; 8 and 9 10 2. Plaintiff’s failure to comply with this order will result in the dismissal of the unidentified defendant from this action. 11 12 13 14 IT IS SO ORDERED. Dated: /s/ Barbara February 5, 2024 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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