Beard v. Unknown

Full title: ROBERT BEARD, Plaintiff, v. UNKNOWN, Defendant

Court: United States District Court, E.D. California

Date published: Jan 4, 2011

No. CIV S-09-3210 EFB P (E.D. Cal. Jan. 4, 2011)

Opinion

No. CIV S-09-3210 EFB P.

January 4, 2011

ORDER

EDMUND BRENNAN, Magistrate Judge

Plaintiff, Robert Beard, an inmate confined at Kern Valley State Prison, filed this pro se civil rights action under 42 U.S.C. § 1983. His complaint concerns events alleged to have occurred while he was housed at High Desert State Prison. The case was referred to the undersigned by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).

I. Request to Proceed In Forma Pauperis

II. Screening Order

28 U.S.C. § 191528 U.S.C. § 191528 U.S.C. § 1915 28 U.S.C. § 1915A28 U.S.C. § 1915AId.

The court finds that, for the limited purposes of § 1915A screening, the complaint states a cognizable claim for relief against defendant John Doe. However, as plaintiff has not provided the name of John Doe, the complaint cannot be served.

Accordingly, it hereby is ordered that:

1. Plaintiff's request to proceed in forma pauperis is granted.

2. Plaintiff shall pay the statutory filing fee of $350. All payments shall be collected in accordance with the notice to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith.

3. Within 30 days of the date of this order, plaintiff shall provide the name and address of defendant John Doe to the court. Failure to do so will result in a recommendation that this action be dismissed without prejudice to refiling should plaintiff later discover John Doe's identity.

Dated: January 4, 2011.