Joshua Jackson v. John McMahon

CIVIL MINUTES – GENERAL

Case No. EDCV 19-0548 SB (PVC) Date: July 29, 2021 Title Joshua M. Jackson v. John McMahon, et al.

Present: The Honorable Pedro V. Castillo, United States Magistrate Judge

Christianna Howard for Marlene Ramirez None Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiff: Attorneys Present for Defendants: None None

PROCEEDINGS: [IN CHAMBERS] ORDER TO SHOW CAUSE WHY THE

MAGISTRATE JUDGE SHOULD NOT RECOMMEND THAT

PLAINTIFF’S CLAIMS AGAINST JOHN DOE #1 BE

DISMISSED FOR FAILURE TO COMPLY WITH FEDERAL

RULE OF CIVIL PROCEDURE 4(m)

Plaintiff, a California state prisoner proceeding pro se and in forma pauperis, alleges in this § 1983 civil rights action that he was sexually assaulted by another inmate while he was a pre-trial detainee in the custody of the San Bernardino County Sheriff’s Department (“SBSD”). (Dkt. No. 11). The operative Second Amended Complaint sues SBSD Sheriff John McMahon in both his individual and official capacities, and SBSD Deputy John Doe #1. (Id. at 3).

Plaintiff alleges that John Doe #1 is liable because he had notice that Plaintiff’s…