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

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

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