Opinion
CV 23-00013-SB (DFM)
07-15-2024
Ismail Mora v. John Doe et al.
PRESENT: THE HONORABLE DOUGLAS F. MCCORMICK, UNITED STATES MAGISTRATE JUDGE
CIVIL MINUTES - GENERAL
Proceedings: (IN CHAMBERS) Order to Show Cause
In this action, Plaintiff asserts claims against two John Doe defendants, identified as law enforcement officials at Ventura County Jail. See Dkt. 36, Third Amended Complaint (“TAC”). In March 2024, the Court granted Plaintiff leave to conduct limited discovery for the purpose of identifying these Doe defendants. See Dkt. 32. The Court ordered Plaintiff to either file a Request to Amend providing the true names of the Doe defendants, or, if Plaintiff was unable to ascertain their names, file a separate declaration explaining the results of his efforts to identify the Doe defendants. See id. at 2.
The deadline to respond to the Court's order has passed, and Plaintiff has not filed anything in this case. The Court cannot order service of the TAC unless Plaintiff identifies each Doe defendant. It is Plaintiff's responsibility to diligently prosecute his case and to comply with all Court orders.
Plaintiff is therefore ORDERED to show cause, in writing, no later than twenty-one (21) days from the date of this Order, why this action should not be dismissed for lack of prosecution. Plaintiff may discharge this Order by filing any of the following: (i) a Request to Amend, providing the true name of each John Doe defendant; (ii) a status report explaining the steps Plaintiff has taken to identify the Doe defendants in this case and the result of those efforts;or (iii) a Notice of Voluntary Dismissal. Plaintiff is warned that failure to respond to this Order may result in a recommendation that this action be dismissed.
If Plaintiff elects to file a status report, the report must make clear (i) what written questions Plaintiff has served on the Ventura County Sheriff's Department; (ii) what response, if any, Plaintiff has received; and (iii) what additional information is necessary for Plaintiff to identify the Doe defendants such that he can insert their names into the pleadings.