Avalos

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARQUELL SMITH, Case No.: 20cv1534-JAH(LR)

CDCR #H-83007

ORDER RE: PLAINTIFF’S

EXTENSION MOTION AND

Plaintiff,

REQUEST FOR APPOINTMENT

v. OF COUNSEL

MS. AVALOS, Law Library Coordinator; [ECF No. 37] JOHN/JANE DOE, Medical Supervisor; JOHN/JANE DOE,, Defendants. 18 On September 8, 2023, Defendant Frances Abalos (“Defendant Abalos”) filed a motion to dismiss Plaintiff Marquell Smith’s third amended complaint (“TAC”) in this case pursuant to Federal Rule of Civil Procedure 12(b)(6). (See Def.’s Mot. to Dismiss, ECF No. 33.) On September 15, 2023, the Court ordered Defendant Abalos to show cause why (1) her motion to dismiss should not be stricken as untimely, (2) she should not be required to file an answer to Plaintiff’s TAC, and (3) why Plaintiff should not thereafter be permitted to pursue discovery as to the identities of the unnamed Doe defendants in the TAC. (See Order to…