(PC) Segura v. Sgt. Maldonado et al

Filing 36

ORDER DENYING Plaintiff's 29 Motion to Include John Doe in 1983 Civil Suit; ORDER DISCHARGING February 5, 2024 25 Order to Show Cause; ORDER Granting Extension of Time to Identify Defendant John Doe 1 for Service of Process, signed by Magistrate Judge Barbara A. McAuliffe on 6/4/2024. 30 Day Deadline. (Marrujo, 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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ORDER DENYING PLAINTIFF’S MOTION
TO INCLUDE JOHN DOE IN 1983 CIVIL
SUIT
(ECF No. 29)

MALDONADO, et al.,

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Defendants.

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ORDER DISCHARGING FEBRUARY 5, 2024
ORDER TO SHOW CAUSE
(ECF No. 25)
ORDER GRANTING EXTENSION OF TIME
TO IDENTIFY DEFENDANT JOHN DOE 1
FOR SERVICE OF PROCESS

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THIRTY (30) 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 for excessive

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force in violation of the Eighth Amendment.
On October 10, 2023, the Court directed Plaintiff to file a motion to substitute the identity

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of Defendant John Doe 1 that provides the Court with enough information to locate them for

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service of process, within ninety days. (ECF No. 11.) Following Plaintiff’s failure to file a

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motion to substitute or otherwise provide information to identify Defendant John Doe 1, on

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Erroneously sued as “Cohello.”

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February 5, 2024, the Court issued an order requiring Plaintiff to show cause why Defendant John

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Doe 1 should not be dismissed for failure to prosecute. (ECF No. 25.)

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On February 20, 2024, Plaintiff filed a motion to include John Doe in 1983 civil suit.

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(ECF No. 29.) In the motion, Plaintiff states that he would like to gain assistance in locating John

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Doe because he broke one of Plaintiff’s ribs. (Id.) As the motion was filed during a stay of this

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action, Defendant Coelho has not yet had an opportunity to respond. However, the Court finds a

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response unnecessary, and the motion is deemed submitted. Local Rule 230(l).

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Plaintiff has not specified what kind of assistance he seeks to identify Defendant John Doe

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1, or what efforts he has made to identify this defendant. Furthermore, Plaintiff is reminded that

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it is his responsibility to provide the Court with information to identify this defendant for service

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of process. Therefore, to the extent Plaintiff requests that he be allowed to proceed against

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Defendant John Doe 1 without providing further information, or that he be provided with

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assistance in identifying Defendant John Doe 1, the motion is denied.

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However, in an abundance of caution, and because discovery in this action was not

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opened until June 3, 2024, (ECF No. 34), the Court finds it appropriate to grant Plaintiff an

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extension of time to identify Defendant John Doe 1. The Court further finds that Defendant

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Coelho will not be prejudiced by the brief extension granted here.

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If Plaintiff is unable to obtain identifying information for Defendant John Doe 1 by the

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extended deadline, Plaintiff may file a motion for extension of time that sets forth good cause for

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the request, including what efforts he has taken to identify this defendant. For example, Plaintiff

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may include what specific information he has requested, who he has requested the information

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from, and what responses, if any, he has received. If Plaintiff does not show good cause for a

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further extension of time, or does not provide any information regarding what steps he has taken

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to identify Defendant John Doe 1, the Court will dismiss the defendant from this action.

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Based on the foregoing, it is HEREBY ORDERED that:

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1. Plaintiff’s motion to include John Doe in 1983 civil suit, (ECF No. 29), is DENIED;

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2. The February 5, 2024 order to show cause, (ECF No. 25), is DISCHARGED;

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

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motion to substitute the identity of Defendant John Doe 1 that provides the Court with

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enough information to locate them for service of process; and

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4. If Plaintiff fails to comply with this order, the Court will dismiss the unidentified

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defendant from this action, without prejudice, for failure to serve with process

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pursuant to Federal Rule of Civil Procedure 4(m).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 4, 2024

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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