John v. County of Sacramento
Filing
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ORDER signed by Magistrate Judge Deborah Barnes on 1/24/2018 GRANTING defendant's 11 Motion to Dismiss. The 1/26/2018 hearing of defendant's motion to dismiss is VACATED. Within twenty-eight days from the date of this order, plaintiff s hall either file a motion to proceed anonymously or a third amended complaint under plaintiff's real name. If plaintiff files a third amended complaint under his real name, defendant shall file a responsive pleading within twenty-one days. (Zignago, K.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOHN JOHN,
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Plaintiff,
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No. 2:16-cv-1640 JAM DB PS
v.
ORDER
COUNTY OF SACRAMENTO,
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Defendant.
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Plaintiff, John John, is proceeding in this action pro se. This matter was referred to the
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undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
On May 1, 2017, plaintiff filed a second amended complaint. (ECF No. 8.) Therein,
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plaintiff complains about an illegally obtained search warrant. On December 13, 2017, defendant
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Joyce Thorgrimson filed a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of
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Civil Procedure (“Rule”). (ECF No. 11.) Defendant’s motion argues, in relevant part, that
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plaintiff is proceeding under a fictitious name. (Def.’s MTD (ECF No. 11) at 6.1)
In this regard, defendant asserts that plaintiff “is known as ‘Raj Singh,’ ‘Raghvendra
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Singh,’ ‘Kaus Singh,’ ‘Archana Singh,’ and ‘Suman Mehta.’” (Id.) (citations omitted).
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Plaintiff’s opposition to defendant’s motion to dismiss does not dispute defendant’s assertion, but
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Page number citations such as this one are to the page number reflected on the court’s CM/ECF
system and not to page numbers assigned by the parties.
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instead acknowledges that “[d]efendant properly notes that plaintiff has many names including
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John John.” (Pl.’s Opp.’n (ECF No. 13) at 2.) And the second amended complaint alleges that
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plaintiff did “not file this case in his real name.” (Sec. Am. Compl. (ECF No. 8) at 3.)
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“The normal presumption in litigation is that parties must use their real names.” Doe v.
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Kamehameha Schools/Bernice Pauahi Bishop Estate, 596 F.3d 1036, 1042 (9th Cir. 2010); see
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also Fed. R. Civ. P. 10(a) (“[t]he title of the complaint must name all the parties”); Fed. R. Civ. P.
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17(a)(1) (“An action must be prosecuted in the name of the real party in interest.”).
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“Nevertheless, many federal courts, including the Ninth Circuit, have permitted parties to proceed
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anonymously when special circumstances justify secrecy.” Does I thru XXIII v. Advanced
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Textile Corp., 214 F.3d 1058, 1067 (9th Cir. 2000).
However, “[w]hen a party wishes to file a case anonymously or under a pseudonym, it
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must first petition the district court for permission to do so.” W.N.J. v. Yocom, 257 F.3d 1171,
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1172 (10th Cir. 2001). “In order to proceed anonymously, a plaintiff must show both (1) a fear of
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severe harm, and (2) that the fear of severe harm is reasonable.” Kamehameha, 596 F.3d at 1043.
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“Examples of areas where courts have allowed pseudonyms include cases involving abortion,
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birth control, transexuality, mental illness, welfare rights of illegitimate children, AIDS, and
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homosexuality.” Doe v. Megless, 654 F.3d 404, 408 (3rd Cir. 2011) (quotation omitted). When
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the plaintiff has failed to request permission to proceed anonymously, “‘federal courts lack
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jurisdiction over the unnamed parties, as a case has not been commenced with respect to them.’”
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United States ex rel. Little v. Triumph Gear Systems, Inc., 870 F.3d 1242, 1249-50 (10th Cir.
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2017) (quoting Yocom, 257 F.3d at 1172-73).
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Here, plaintiff has not sought permission to proceed anonymously. In light of plaintiff’s
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pro se status, the undersigned will provide plaintiff with an opportunity to seek permission to
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proceed anonymously or to file a third amended complaint under his real name. See Doe v.
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UNUM Life Insurance Company of America, 164 F.Supp.3d 1140, 1144 (N.D. Cal. 2016)
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(“District courts within the Ninth Circuit have concluded that dismissal for lack of jurisdiction is
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not warranted when the plaintiff files a motion to proceed under a pseudonym, even if that motion
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is filed after the defendant filed a motion to dismiss.”).
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Accordingly, IT IS HEREBY ORDERED that:
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1. Defendant’s December 13, 2017 motion to dismiss (ECF No. 11) is granted;
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2. The January 26, 2018 hearing of defendant’s motion to dismiss is vacated;
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3. Within twenty-eight days from the date of this order, plaintiff shall either file a motion
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to proceed anonymously or a third amended complaint under plaintiff’s real name2; and
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4. If plaintiff files a third amended complaint under his real name, defendant shall file a
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responsive pleading within twenty-one days.
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Dated: January 24, 2018
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DLB:6
DB/orders/orders.pro se/john1640.mtd.ord
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Plaintiff should not amend the third amended complaint in any respect other than to provide his
real name.
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