Summary
The United States District Court for the Eastern District of California amends its November 19, 2025 order in Hector Martin Prieto’s prisoner civil rights action. The court grants Plaintiff 90 days to identify the John Doe defendants against whom he asserts Eighth Amendment excessive force claims, declines to direct service of a defective subpoena seeking videos and medical records, and explains permissible methods for obtaining identifying information. The Clerk is directed to send Plaintiff subpoena form AO 88B and form USM-285.
Holdings
- A court should permit a plaintiff to engage in limited discovery for the purpose of identifying defendants whose identities were unknown when the action was filed, unless the discovery would not identify the defendants or the complaint should otherwise be dismissed.
- A subpoena to a nonparty must be limited to relevant information, and the court must consider the burden and expense imposed on the nonparty before directing service.
- Plaintiff was granted 90 days from service of the order to provide information identifying John Doe 1 and John Doe 2 for service of process, with failure to do so potentially resulting in dismissal without prejudice.
Questions Presented
- Whether Plaintiff should be permitted limited discovery or subpoena assistance to identify unknown defendants before service.
- Whether the submitted subpoena duces tecum was sufficiently limited to relevant information needed to identify John Doe 1 and John Doe 2.
- What deadline and procedural mechanism should govern Plaintiff's identification of the Doe defendants.
Disposition
other
Cases Cited (10)
- Wakefield v. Thompson, 177 F.3d 1160, 1163 (9th Cir. 1999)(followed)
- Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980)(followed)
- Crowley v. Bannister, 734 F.3d 967, 978 (9th Cir. 2013)(followed)
- Austin v. Winett, 2008 WL 5213414, at *1 (E.D. Cal. Dec. 12, 2008)(followed)
- Badman v. Stark, 139 F.R.D. 601, 605 (M.D. Pa. 1991)(followed)
- Davis v. Ramen, 2010 WL 1948560, at *1 (E.D. Cal. May 11, 2010)(followed)
- Williams v. Adams, 2010 WL 148703, at *1 (E.D. Cal. Jan. 14, 2010)(followed)
- Johnson v. Spearman, 2020 WL 7405693, at *2 n.3 (E.D. Cal. Dec. 17, 2020)(followed)
- Reyes v. Flores, 2018 WL 3968245, at *10 (E.D. Cal. Aug. 16, 2019)(followed)
- Thompson v. Allison, No. 23-cv-05079-HSG, 2024 WL 4394759, at *3 (N.D. Cal. Oct. 3, 2024)(persuasive)
Cited In (0)
No citing cases on record yet.
Court Document
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