(PC) Flowers v. County of Fresno
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL DE’ANDRAE FLOWERS, Case No. 1:19-cv-01027-NONE-JLT (PC)
Plaintiff, ORDER GRANTING PLAINTIFF 90 DAYS
TO IDENTIFY JANE DOE
v. (Doc. 14) COUNTY OF FRESNO, et al., Defendants.
16 This action proceeds on Eighth Amendment medical indifference claims against Defendants CO Toon and Does 1–3. (See Doc. 15.) Although plaintiff has stated a claim against Does 1–3, the Court will not require service on these defendants at this time. The Ninth Circuit has held that where identity is unknown prior to the filing of a complaint, the plaintiff should be given an opportunity through discovery to identify the unknown defendants unless it is clear that discovery would not uncover the identities, or that the complaint would be dismissed on other grounds. Wakefield v. Thompson, 177 F.3d 1160, 1163 (9th Cir. 1999) (citing Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980)). Accordingly, the Court GRANTS Plaintiff 90 days in which to discover the name…