(PC) Miles v. Fresno County Medical WellPath

Opinion

SAMUEL JAY MILES, 1:22-cv-01105-SKO (PC)

Plaintiff, ORDER GRANTING PLAINTIFF’S NOTICE OF SUBSTITUTION FILED v. JULY 26, 2024

FRESNO COUNTY MEDICAL (Doc. 20) WELLPATH, ORDER DIRECTING PLAINTIFF TO Defendant. FILE A SECOND AMENDED COMPLAINT WITHIN THIRTY DAYS

Plaintiff Samuel Jay Miles, a previous Fresno County Jail inmate and current state prisoner, is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed a first amended complaint on July 25, 2023. (Doc. 9.) Plaintiff named, in part, John or Jane Does 1 and 2, nurses at the Fresno County Jail, as defendants in this action. (Id. at 4.) In its Second Screening Order issued February 14, 2024, the Court found Plaintiff stated cognizable medical deliberate indifference claims against Defendants Doe 1 and Doe 2 and physical therapists “Ken” and “Michealla.” (Doc. 10.) On February 15, 2024, the Court issued its Order Granting Plaintiff Ninety Days to Identify John or Jane Does 1 and 2. (Doc. 11.) On April 24, 2024, Plaintiff filed a document titled “Notice of Substitution.” (Doc. 13.) On April 29, 2024, the Court issued its Order Granting Request for Subpoena Duces Tecum. (Doc. 14.) The United States Marshal’s Service was directed to serve a subpoena to the Fresno County Jail Records Unit within 30 days. (Id. at 3-4.) Plaintiff was also directed to file a request for substitution with the Court once he received the documents responsive to the subpoena. (Id. at 5.) The United States Marshal’s Service served the subpoena on May 3, 2024. (Doc. 15.) In his July 19, 2024, status report, Plaintiff stated he had received the relevant medical records but needed additional time to complete his review before filing a notice of substitution. (Doc. 18.) On July 23, 2024, the Court granted Plaintiff an extension of time to August 15, 2024, within which to “file a request for substitution, identifying the John and/or Jane Doe defendants and the surnames of the physical therapists ….” (Doc. 19.) On July 26, 2024, Plaintiff filed a “Notice of Substitution.” (Doc. 20.) In his notice, Plaintiff seeks to substitute “John or Jane Does 1 and 2” with the names of eleven individuals, stating they “are the medical staff tasked to help me who refused.” (Doc. 20.) He also identifies the physical therapists in his first amended complaint by their first names “Ken” and “Michaela” who are now known to him as “Kenneth Cagara” and “Michellene Alvarez.” (Id.) Plaintiff’s request to substitute eleven individuals in place of “John or Jane Does 1 and 2” will be granted. Plaintiff will be required to file a second amended complaint identifying each of these individuals by name and alleging sufficient facts to support his claims for deliberate indifference to serious medical needs. Rizzo v. Goode, 423 U.S. 362, 373-75 (1976) (a plaintiff must show a causal connection or link between the actions of the defendants and the deprivation alleged to have been suffered by the plaintiff); Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978). Plaintiff is advised he may wish to use his first amended complaint as a template and add the necessary facts in the second amended complaint to ensure his claims sufficiently link or connect an action or inaction by each of the eleven individuals to a constitutional violation. For example, “[Name of one of the eleven individuals] did not do X [assist me with bathing, dressing, etc.] and refused to follow the doctor’s care plan following my surgery in [month/year] while I was housed at the Fresno County Jail,” or a similar identification. Sufficient facts are necessary for each of the named defendants to ensure the defendants have fair notice of the claim and the grounds upon which those claims rest. Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512 (2002). Plaintiff’s request to substitute “Kenneth Cagara” and “Michellene Alvarez” for physical therapists “Ken” and “Michaela” will also be granted. When amending his complaint, Plaintiff may simply identify these individuals as “Ken Cagara” instead of “Ken” and “Michellene Alvarez” instead of “Michaela.” For the foregoing reasons, the Court ORDERS: 1. Plaintiff’s request to substitute the full names for the physical therapists previously identified as “Ken” and “Michaela” is GRANTED; 2. The Clerk of the Court is DIRECTED to add the names “Kenneth Cagara” and “Michellene Alvarez” as defendants to the docket for this action; 3. Plaintiff’s request to substitute the eleven names provided for the Doe Defendants is GRANTED; 4. The Clerk of the Court is DIRECTED to add the following individuals as defendants to the docket for this action: a. Kanwar Gill b. Johana Luna c. Britney Buchanan d. Jessica Nunez e. Rose Zaragoza f. Ray Arce g. Maria Guerrero h. Cindy Ramirez i. Candice Thao j. Annabel Duran k. Soua Xiong 5. Plaintiff SHALL file a second amended complaint, as described above, within 30 days of the date of service of this order; and 6. The Clerk of the Court is DIRECTED to serve a blank amended civil rights complaint form with this Orde. Plaintiff is advised that upon submission of a second amended complaint that meets all of the screening and pleading requirements, the Court will address the issue of service. IT IS SO ORDERED.

Dated: September 20, 2024 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE