Unknown

(PC) Corral v. Unknown

Good Law
United States District Court, Eastern District of CaliforniaMay 7, 20242:23-cv-01240California639 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DYLAN CORRAL, No. 2:23-cv-01240-DJC-EFB (PC) 12 Plaintiff, 13 v. ORDER 14 UNKNOWN, 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On December 20, 2023, the court screened the complaint and dismissed it with 19 leave to amend for failure to identify a defendant and directed plaintiff to use prison 20 administrative processes to identify a defendant or to inform the court of efforts he had 21 undertaken to do so. ECF No. 8. 22 Plaintiff has filed a motion for reconsideration of the screening order. ECF No. 10. He 23 argues that he is no longer in CDCR custody and thus cannot use prison administrative processes 24 to determine the identities of the defendants and that he should be permitted to use the discovery 25 process in this action to do so under Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980). In 26 Gillespie, the Ninth Circuit held that a plaintiff must be…

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