Opinion
CASE NO. 3:20-CV-5016-BHS-DWC
07-23-2020
KYNTREL TREVYONE JACKSON, Plaintiff, v. TIMOTHY M. THRASHER, et al., Defendant.
ORDER
Plaintiff moves for the Court to order Defendants to identify the Jane/John Doe Defendants #1 and #2. Dkt. 29. Plaintiff alleges Defendants have "refused to release their names." Dkt. 29 at 1.
While the Court has the duty to serve the summons and complaint, see 28 U.S.C. § 1915(d), an IFP plaintiff still bears the burden of providing accurate and sufficient information to effect service. See Walker v. Sumner, 14 F.3d 1415 (9th Cir. 1994); see also Fed. R. Civ. P. 4. When an IFP plaintiff fails to provide the Court with accurate and sufficient information to effect service of the summons and complaint, it is appropriate for the Court to sua sponte dismiss the unserved defendant. Walker, 14 F.3d at 1421-22 (quoting Puett v. Blanford, 912 F.2d 270, 275 (9th Cir. 1990), abrogated on other grounds by Sandin v. Connor, 515 U.S. 472 (1995)).
Aside from Plaintiff's blanket allegation Defendants have refused to provide the names of the Doe Defendants, which is not supported by any additional factual allegations or support, there is no indication Plaintiff has attempted to identify the Doe Defendants through the discovery process. It remains Plaintiff's responsibility to provide sufficient information to effect service. See Walker, 14 F.3d at 1421-22. Therefore, the Court recommends Plaintiff be ordered to provide the names and addresses of Defendants John/Jane Doe on or before August 23, 2020. If Plaintiff is unable to provide the Court with the names and addresses of Defendants John/Jane Doe, the Court will recommend dismissal of Defendants John/Jane Doe from this case.
Dated this 23rd day of July, 2020.
/s/_________
David W. Christel
United States Magistrate Judge