Demerson v. Woodford et al

Filing 94

ORDER Denying Motion (Docs. 92 and 93 ), signed by Magistrate Judge Sheila K. Oberto on 6/15/2011. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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EDWARD DEMERSON,

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CASE NO. 1:08-cv-00144-LJO-SKO PC

Plaintiff,

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ORDER DENYING MOTION

v.

(Docs. 92 and 93)

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JEANNE S. WOODFORD, et al.,

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Defendants.
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Plaintiff Edward Demerson, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on January 29, 2008. Pursuant to the Court’s

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order filed June 22, 2010, this action is proceeding on Plaintiff’s second amended complaint against

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Defendants Phillips, Campos, Amaro, Clausing, Bardonnex, Munoz, and Cartagina for using

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excessive physical force against Plaintiff and against Defendants Munoz, Cartagina, Gregory, and

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Hillard for deliberate indifference to Plaintiff’s serious medical needs. Defendants Amaro,

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Bardonnex, Campose, Cartagena, Clausing, Munoz, and Philips sought an extension of time to file

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a response to Plaintiff’s second amended complaint on June 2, 2011, and the request was granted.

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However, Defendants Gregory and Hillard did not join in the request or make a separate appearance,

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and on June 8, 2011, the Court ordered them to show cause why default should not be entered against

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them.

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On June 13, 2011, Plaintiff filed a motion which the Court construes as seeking an order

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requiring Defendants’ counsel to assist the United States Marshal in serving Defendants Gregory and

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Hillard. When Plaintiff drafted and served his motion, he was not yet in receipt of the Court’s order
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to show cause. The status of service on Defendants Gregory and Hillard will be resolved in

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accordance with the applicable law, and the issue is being addressed by the Court. Defendants’

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counsel is not obligated to act on behalf of parties he does not represent and in light of the pending

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order to show cause, nothing further is required of Plaintiff at this juncture.

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Accordingly, Plaintiff’s motion is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:
ie14hj

June 15, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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