Hector Martin Prieto v. John Doe 1 and John Doe 2

Summary

The United States District Court for the Eastern District of California grants Plaintiff Hector Martin Prieto’s motion to substitute named defendants for John Doe defendants in his 42 U.S.C. § 1983 action. The court substitutes Correctional Sergeant Peter Dominguez for John Doe 1 and Correctional Officer Jose Herrera for John Doe 2, directs the Clerk to correct the case caption, and states that service will be addressed by separate order.

Holdings

1. The court may substitute the identified defendants for the John Doe defendants where the plaintiff timely complies with the court's identification order and the operative complaint already contains sufficient facts describing each Doe defendant's alleged involvement; a new amended complaint was unnecessary under the circumstances.
2. The Second Amended Complaint remains the operative complaint after substitution of Peter Dominguez and Jose Herrera for John Doe 1 and John Doe 2.

Questions Presented

1. Whether the plaintiff could substitute the identified defendants for John Doe 1 and John Doe 2 without filing a proposed Third Amended Complaint.
2. Whether the Second Amended Complaint should remain the operative pleading after the substitution.

Disposition

other