Mendoza v. Spadaro et al.

Filing 31

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/28/2016 DENYING plaintiff's requests in the 10/24/2016 document 30 . (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TORIBIO MENDOZA,

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No. 2:16-cv-0855 CKD P

Plaintiff,
v.

ORDER

SPADARO,
Defendant.

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Plaintiff is a California prisoner proceeding pro se with an action for violation of civil

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rights under 42 U.S.C. § 1983. In a document filed October 24, 2016, plaintiff seeks leave to file

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an amended complaint so that he can name “John Doe” defendants. This is not an adequate basis

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for granting leave to amend as the court cannot order “John Doe” defendants served with process.

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If and when plaintiff can identify other defendants by name, he should draft a proposed amended

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complaint including such defendants and submit it to the court with a motion for leave to amend.

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Plaintiff also seeks a court order directing High Desert State Prison to identify “those

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involved or witnesses, of those involved on April 9th, 2015 during a man-down medical

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emergency and to immediately halt the ‘Code of Silence.’” The court does not have the authority

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to do this. After discovery opens, plaintiff may seek relevant information from defendants and

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may also seek relevant information from third parties via subpoena. A discovery order

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identifying the various methods of discovery and deadlines for conducting discovery will issue if
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and when defendants file an answer.
Accordingly, IT IS HEREBY ORDERED that the requests made by plaintiff in the

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document filed October 24, 2016 are denied.

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Dated: October 28, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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mend0855.mta

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