(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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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 ORDER DENYING PLAINTIFF’S MOTION TO INCLUDE JOHN DOE IN 1983 CIVIL SUIT (ECF No. 29) MALDONADO, et al., 15 Defendants. 16 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 17 18 THIRTY (30) DAY DEADLINE 19 Plaintiff Omar Segura (“Plaintiff”) is a state prisoner proceeding pro se and in forma 20 21 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on 22 Plaintiff’s first amended complaint against Defendants Coelho1 and John Doe 1 for excessive 23 force in violation of the Eighth Amendment. On October 10, 2023, the Court directed Plaintiff to file a motion to substitute the identity 24 25 of Defendant John Doe 1 that provides the Court with enough information to locate them for 26 service of process, within ninety days. (ECF No. 11.) Following Plaintiff’s failure to file a 27 motion to substitute or otherwise provide information to identify Defendant John Doe 1, on 28 1 Erroneously sued as “Cohello.” 1 1 February 5, 2024, the Court issued an order requiring Plaintiff to show cause why Defendant John 2 Doe 1 should not be dismissed for failure to prosecute. (ECF No. 25.) 3 On February 20, 2024, Plaintiff filed a motion to include John Doe in 1983 civil suit. 4 (ECF No. 29.) In the motion, Plaintiff states that he would like to gain assistance in locating John 5 Doe because he broke one of Plaintiff’s ribs. (Id.) As the motion was filed during a stay of this 6 action, Defendant Coelho has not yet had an opportunity to respond. However, the Court finds a 7 response unnecessary, and the motion is deemed submitted. Local Rule 230(l). 8 Plaintiff has not specified what kind of assistance he seeks to identify Defendant John Doe 9 1, or what efforts he has made to identify this defendant. Furthermore, Plaintiff is reminded that 10 it is his responsibility to provide the Court with information to identify this defendant for service 11 of process. Therefore, to the extent Plaintiff requests that he be allowed to proceed against 12 Defendant John Doe 1 without providing further information, or that he be provided with 13 assistance in identifying Defendant John Doe 1, the motion is denied. 14 However, in an abundance of caution, and because discovery in this action was not 15 opened until June 3, 2024, (ECF No. 34), the Court finds it appropriate to grant Plaintiff an 16 extension of time to identify Defendant John Doe 1. The Court further finds that Defendant 17 Coelho will not be prejudiced by the brief extension granted here. 18 If Plaintiff is unable to obtain identifying information for Defendant John Doe 1 by the 19 extended deadline, Plaintiff may file a motion for extension of time that sets forth good cause for 20 the request, including what efforts he has taken to identify this defendant. For example, Plaintiff 21 may include what specific information he has requested, who he has requested the information 22 from, and what responses, if any, he has received. If Plaintiff does not show good cause for a 23 further extension of time, or does not provide any information regarding what steps he has taken 24 to identify Defendant John Doe 1, the Court will dismiss the defendant from this action. 25 Based on the foregoing, it is HEREBY ORDERED that: 26 1. Plaintiff’s motion to include John Doe in 1983 civil suit, (ECF No. 29), is DENIED; 27 2. The February 5, 2024 order to show cause, (ECF No. 25), is DISCHARGED; 28 /// 2 1 3. Within thirty (30) days from the date of service of this order, Plaintiff SHALL file a 2 motion to substitute the identity of Defendant John Doe 1 that provides the Court with 3 enough information to locate them for service of process; and 4 4. If Plaintiff fails to comply with this order, the Court will dismiss the unidentified 5 defendant from this action, without prejudice, for failure to serve with process 6 pursuant to Federal Rule of Civil Procedure 4(m). 7 8 9 10 IT IS SO ORDERED. Dated: /s/ Barbara June 4, 2024 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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