Garduno v. McDonald et al

Filing 18

ORDER signed by Magistrate Judge Allison Claire on 1/03/17 ordering The Clerk of Court is directed to serve a copy of the instant order, together with a copy of the courts order filed October 20, 2016 16 on both plaintiff and Ms. Monica Anderson, Supervising Deputy Attorney General. The deadlines set forth in the courts prior order are modified as follows: Within 30 days after the filing date of this order, a member of the Office of the Attorney General is requested to specially appear in t his action by filing and serving a statement that provides the correct identities and current service information for defendants Registered Nurse Cohen and Doctor Rahmon, or that sets forth the reasons why this information is unavailable. Within 30 d ays after the Office of the Attorney General files and serves a responsive statement, plaintiff is directed to file a proposed comprehensive First Amended Complaint setting forth all of his allegations and clearly identifying the challenged conduct of each defendant. (cc: Monica Anderson, Attorney General)(Plummer, M) Modified on 1/4/2017 (Plummer, M).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN GARDUNO,

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No. 2:15-cv-02370 AC P

Plaintiff,
v.
MIKE MCDONALD, et al.,

ORDER

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights

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action. Pursuant to this order, the court requests that the Office of the California Attorney

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General attempt to obtain the identities of defendants “Registered Nurse Cohen” and “Doctor

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Rahmon,” identified as “Nurse John Doe” and “Doctor John Doe” in plaintiff’s original

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complaint. See ECF No. 16.

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Previously, by order filed September 15, 2016, this court found that plaintiff’s complaint

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states cognizable claims against defendants Lopez and Denton, “Nurse John Doe” and “Doctor

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John Doe.” See ECF No. 10. The court directed plaintiff to submit the information necessary for

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the United States Marshal to serve process on defendants Lopez and Denton, and, when plaintiff

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learned the identifies of “Nurse John Doe” and “Doctor John Doe,” to seek leave of court to file

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an amended complaint. Thereafter plaintiff submitted the information necessary to serve process

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on defendants Lopez and Denton. See ECF No. 13. Plaintiff also informed the court that he
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believes the identities of the Doe defendants are “Registered Nurse Cohen” and “Doctor

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Rahmon,” both working at High Desert State Prison during the relevant period. See ECF No. 14.

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Plaintiff filed a motion requesting assistance in identifying the full names and service addresses

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of these new defendants. See ECF No. 15. On October 20, 2016, this court granted plaintiff’s

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motion and requested that the Office of the Attorney General attempt to obtain the identities and

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current service addresses of defendants “Registered Nurse Cohen” and “Doctor Rahmon.” See

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ECF No. 16. However, the court’s order failed to direct the Clerk of Court to serve a courtesy

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copy on the Office of the Attorney General.

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Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk of Court is directed to serve a copy of the instant order, together with a copy

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of the court’s order filed October 20, 2016 (see ECF No. 16) on both plaintiff and Ms. Monica

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Anderson, Supervising Deputy Attorney General.

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2. The deadlines set forth in the court’s prior order are modified as follows:
A. Within 30 days after the filing date of this order, a member of the Office of the

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Attorney General is requested to specially appear in this action by filing and serving a

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statement that provides the correct identities and current service information for

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defendants “Registered Nurse Cohen” and “Doctor Rahmon,” or that sets forth the reasons

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why this information is unavailable.

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B. Within 30 days after the Office of the Attorney General files and serves a

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responsive statement, plaintiff is directed to file a proposed comprehensive First Amended

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Complaint setting forth all of his allegations and clearly identifying the challenged

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conduct of each defendant.

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SO ORDERED.

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DATED: January 3, 2017

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