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Marc L. Thornton v. Randy Davis

March 5, 2013

MARC L. THORNTON, PLAINTIFF,
v.
RANDY DAVIS, LIEUTENANT JOHN DOE, AND CORRECTIONS OFFICER JOHN DOE, DEFENDANTS.



The opinion of the court was delivered by: Reagan, District Judge:

ORDER DISMISSING CERTAIN DEFENDANTS

On June 12, 2012, Plaintiff filed suit in this Court under 42 U.S.C. 1983, alleging deprivations of his constitutional rights while incarcerated. Following threshold review under 28 U.S.C. 1915A, the case proceeded. Orders were entered, counsel was appointed for Plaintiff, Plaintiff was permitted to file an amended complaint, and three Defendants were dismissed -- John Cox, Major Doe, and Salvador Godinez (see Docs. 6, 22, 23). In a November 2012 Order, the undersigned District Judge set a deadline by which Plaintiff must take action or the "unknown"/John Doe Defendants would be dismissed (see Doc. 23, p. 4).

That deadline -- 60 days from the November 20, 2012 Order -- has gone with no action taken by Plaintiff. The Court concludes that Plaintiff has failed to properly prosecute as to the unknown/John Doe Defendants, as required by Federal Rule of Civil Procedure 41(b) and the November 20, 2012 Order. Accordingly, the Court hereby DISMISSES the following two Defendants: Lieutenant John Doe and Corrections Officer John Doe. Remaining in this case are Plaintiff's claims against Defendant Randy Davis.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20130305

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