Ortega

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARDIK K. MEKHTARIAN, Case No. 1:20-cv-00696-ADA-CDB (PC)

Plaintiff, ORDER GRANTING PLAINTIFF 90 DAYS

TO IDENTIFY AND SUBSTITUTE

v. PROPER PARTIES

C. ORTEGA, et al., (Doc. 16)

Defendants. 16 Plaintiff Mardik K. Mekhtarian is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed under 42 U.S.C. § 1983. This action proceeds on claims of gross negligence and medical malpractice against Defendant Ortega and claims of medical indifference against Defendants Brosius and Does 1–10. Although Plaintiff has stated a claim against Does 1– 10, 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…