Opinion
21 CV3719(VB)
06-10-2022
EDWIN MALDONADO, Plaintiff, v. OFFICER JOHN GUNSETT, et al., Defendants.
ORDER
Vincent L. Briccetti United States District Judge
Plaintiff commenced the instant action by filing a complaint on April 26, 2021. (Doc. #1). Plaintiff filed an amended complaint on September 17, 2021. (Doc. #7).
On November 10, 2021, the Court entered an Order of Service containing a Valentin Order which directed the Attorney General to ascertain the identities of certain John and Jane Doe defendants. (Doc. #9).
By letter dated January 10, 2022 (Doc. #14), the Attorney General identified seven of the thirteen John and Jane Doe defendants-specifically John and Jane Doe defendants (1), and (8) through (13)-but advised the Court that it has been unable to identify the remaining six John Doe defendants-namely, John Doe defendants (2) through (7).
On January 12, 2022, the Court ordered plaintiff to (i) file a second amended complaint containing the names of the John and Jane Doe defendants identified by the Attorney General and (ii) supply additional identifying or descriptive details regarding the remaining, unidentified John Doe defendants. (Doc. #15). The Court ordered the Attorney General to ascertain the identities of the remaining John Doe defendants after reviewing the additional identifying details alleged in the second amended complaint.
On January 31, 2022, plaintiff filed the second amended complaint. (Doc. #17).
By letter dated May 31, 2022, which shall be separately docketed, plaintiff provided additional, identifying information regarding defendant “Maligen.”
By letter dated June 2, 2022, the Attorney General identified the remaining John Doe defendants, aside from defendant Maligen. (Doc. #48).
Accordingly, IT IS HEREBY ORDERED:
1. By July 1, 2022, plaintiff shall file a third amended complaint. Plaintiff shall use the third amended complaint form attached to this Order.
2. The third amended complaint must contain the full names of the additional John Doe defendants identified by the Attorney General.
3. The third amended complaint will completely replace, not merely supplement, the existing complaint. Therefore, plaintiff must include in the third amended complaint all information necessary for his claims. However, plaintiff is directed to include in his third amended complaint only those facts and documents he believes plausibly support a violation of his constitutional rights.
4. Plaintiff is reminded that any factual allegation in the third amended complaint must be true to the best of his knowledge, information, and belief. See Fed.R.Civ.P. 11(b)(3).
5. If plaintiff fails to file a third amended complaint by July 1, 2022, the Court may dismiss the case for failure to prosecute or failure to comply with a Court order. See Fed.R.Civ.P. 41(b).
6. Once plaintiff has filed a third amended complaint, the Court will screen the third amended complaint and, if necessary, issue an order directing the Clerk to issue summonses, complete the USM-285 forms with the addresses of the newly-named
defendants, and deliver to the U.S. Marshals Service all documents necessary to effect service.
7. The named and previously-served defendants' time to answer, move, or otherwise respond to the second amended complaint is STAYED pending plaintiffs filing of the third amended complaint.
8. By June 24, 2022, the Attorney General shall review the additional, identifying information provided in plaintiffs May 31, 2022, letter, and confirm whether it has been able to ascertain the identity of defendant Maligen.
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v, United States, 369 U.S. 438, 444-45 (1962).
Plaintiff also must notify the Court in writing if plaintiffs address changes, and the Court may dismiss the action if he fails to do so.
Chambers will mail a copy of this Order to plaintiff at the address on the docket.
SO ORDERED: