(PC) Perkins v. Martinez ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALONZO RAYSHAWN PERKINS, ) Case No.: 1:18-cv-00501-SAB (PC) ) 12 Plaintiff, ) ) ORDER TO SHOW CAUSE WHY REGISTERED 13 v. ) NURSE JOHN DOE NO. 4 SHOULD NOT DISMISSED 14 A. MARTINEZ, et al., ) ) 15 Defendants. ) ) 16 ) 17 Plaintiff Alonzo Rayshawn Perkins is appearing pro se and in forma pauperis in this civil rights 18 action pursuant to 42 U.S.C. § 1983. 19 This action is proceeding against Defendants A. Martinez, D. C. Stewart, A. Moreno. M. R. 20 Thomas, and B. Arrequin for excessive force and deliberate indifference to a serious medical need by 21 withholding medical attention under the Eighth Amendment of the United States Constitution., and a 22 separate claim of medical deliberate indifference against Registered Nurse John Doe No. 4. 23 As Plaintiff was advised in the Court’s May 14, 2018, order, “[t]he Court cannot order service 24 of a Doe defendant because the United States Marshal cannot serve a Doe Defendant. Therefore, 25 before the Court orders the United States Marshal to serve a Doe Defendant, Plaintiff will be required 26 to identify him or her with enough information to locate the defendant for service of process. The 27 United States Marshal cannot initiate service of process on unknown Defendants. Plaintiff will be 28 given an opportunity through discovery to identify the unknown (Doe) Defendants. Crowley v. 1 || Bannister, 734 F.3d 967, 978 (9th Cir. 2013) (quoting Gillespie v. Civiletti, 629 E.2d 637, 642 (9th 2 || Cir. 1980)). Once the identity of a Doe Defendant is ascertained, the Plaintiff must file a motion to 3 || amend his complaint only to identify the identified Doe Defendant so that service by the United State 4 || Marshal can be attempted. Therefore, the Court will send Plaintiff the appropriate service documents 5 || at such time that Plaintiff ascertains the identities of the Doe Defendants. However, if Plaintiff fails t 6 || identify the Doe Defendant during the course of the discovery, the Doe Defendant will be dismissed 7 || from this action.” (Order at 2:15-3:8, ECF No. 11.) 8 A court may dismiss a defendant, a claim or an action based on a party’s failure to prosecute < 9 |} action or failure to obey a court order, or failure to comply with local rules. See, e.g., Ferdik v. 10 || Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order 11 || requiring amendment of complaint); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987 12 || (dismissal for failure to comply with a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th 13 || Cir. 1986) (dismissal for failure to prosecute and to comply with local rules). 14 In this instance, the deadline to amend the pleadings, and the discovery cut-off deadline have 15 || passed (ECF No. 33) without Plaintiff filing anything to indicate that he has ascertained the true nam« 16 || of Registered Nurse John Doe No. 4. 17 Accordingly, IT IS HEREBY ORDERED that within twenty-one (21) days of the date of 18 || service of this order, Plaintiff shall show cause why Registered Nurse John Doe No. 4 and all claims 19 || against him/her should not be dismissed for Plaintiff's failure to prosecute this action against John De 20 || No. 4 by identifying and substituting his/her true name in this action. The failure to comply with this 21 || order and/or or show good cause will result in the dismissal of John Doe No. 4. 22 23 IS SO ORDERED. A (ee 24 |! Dated: _ September 17, 2019 OF 25 UNITED STATES MAGISTRATE JUDGE 26 27 28