(PC)Sykes

(PC)Sykes v. Avenal State Prison

Good Law
United States District Court, Eastern District of CaliforniaOctober 24, 20241:23-cv-00966California734 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 TROY A. SYKES, Case No.: 1:23-cv-00966-JLT-SKO (PC) Plaintiff,

ORDER GRANTING PLAINTIFF

v. NINETY DAYS TO IDENTIFY

DEFENDANT JOHN DOE

AVENAL STATE PRISON, et al.,

Defendants. 16 Plaintiff Troy A. Sykes is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. section 1983. I. INTRODUCTION Following screening, this action proceeds on Plaintiff’s Eighth Amendment conditions of confinement claim against Defendant John Doe, Avenal State Prison (ASP) Food Services Head Manager. (See Docs. 14 & 15.) II. DISCUSSION Service on Doe Defendants The United States Marshal cannot serve Doe defendants. Plaintiff will be required to identify John Doe with enough information to locate the defendant for service of process. Plaintiff will be given the “‘opportunity through discovery to identify the unknown (Doe) defendants.’” Although Plaintiff has stated a…

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