Spearman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CALVIN WILLIAM JOHNSON, No. 2:19-cv-1093 JAM KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

SPEARMAN, et al., Defendants. 16 17 Plaintiff is a former state prisoner, proceeding pro se, in an action brought under 42 U.S.C. § 1983. Defendant Spearman, the only individual defendant identified who has appeared in this action, filed a motion to dismiss, and recommendations that the motion be granted remain pending. On September 24, 2020, plaintiff filed a motion for order requesting leave to seek the identity of Doe defendants by written deposition. (ECF No. 34.) Defendant Spearman opposes the motion, and plaintiff filed a reply. As discussed below, the undersigned recommends that plaintiff’s motion be denied, and because plaintiff has not timely identified an individual and sought to timely substitute such individual for his or her “John Doe” cause of action, the Doe defendants should be dismissed without…