Coelho
(PC) Segura v. Coelho
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
OMAR SEGURA, ) Case No.: 1:23-cv-0780 JLT BAM (PC) ) Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS AND DISMISSING v. ) DEFENDANT JOHN DOE 1 WITHOUT ) PREJUDICE MALDONADO, et al., ) ) (Doc. 37) Defendants. ) ) )
Omar Segura seeks to hold the defendants liable for violations of his civil rights while incarcerated at North Kern State Prison. (Doc. 7.) Plaintiff stated cognizable claims against Correctional Officers Cohello and “John Doe 1” for excessive force in violation of the Eighth Amendment, and the action is proceeding only as to these defendants. (Docs. 9, 10.) Because Plaintiff did not provide sufficient information to identify “John Doe 1”and to serve the unidentified defendant, the magistrate judge recommended that “Defendant John Doe 1 be dismissed from this action, without prejudice, pursuant to Federal Rule of Civil Procedure 4(m).” (Doc. 37 at…