(PC) Matlock v. Kern County

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICHARD A. MATLOCK, Case No. 1:19-cv-01368-NONE-JLT (PC) Plaintiff, ORDER GRANTING PLAINTIFF 90 DAYS

TO IDENTIFY JOHN DOE DEFENDANTS

v. KERN COUNTY, et al., Defendants. 90-DAY DEADLINE

16 This action proceeds against a John Does #1, #2, and #3 on Fourteenth Amendment failure to protect claims. (Docs. 30, 31.) Although Plaintiff has stated a claim against the John Doe defendants, 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…