(PC) Kirkland v. Smith

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 TREVON R. KIRKLAND, Case No.: 1:23-cv-00602-CDB Plaintiff, ORDER GRANTING PLAINTIFF 90 DAYS WITHIN WHICH TO IDENTIFY v. JOHN DOE

D. SMITH, et al.,

Defendants.

Plaintiff Trevon R. Kirkland is proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. I. RELEVANT BACKGROUND Plaintiff filed his complaint on April 13, 2023. (Doc. 1.) Following screening, in relevant part, the Court found Plaintiff states a cognizable Fourteenth Amendment due process violation against Defendant John Doe. (See Doc. 17.) The Court now addresses the issue of Plaintiff’s need to identify John Doe against whom the Fourteenth Amendment claim proceeds. II. DISCUSSION Defendant “John Doe #1” is employed at Kern Valley State Prison and is presently unknown to Plaintiff. Plaintiff alleges John Doe refused to allow him to present evidence at a Fourteenth Amendment. Plaintiff is advised…