Allen v. Meyer et al

Filing 73

ORDER Requiring Clarification from Plaintiff's Counsel re 72 Motion, signed by Magistrate Judge Dennis L. Beck on 01/27/2015. (30-Day Deadline) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KELVIN ALLEN,

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Case No. 1:09-cv-00729 DLB PC

Plaintiff,
ORDER REQUIRING CLARIFICATION
FROM PLAINTIFF’S COUNSEL

v.
MEYER, et al.,

(Document 72)

Defendants.

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Plaintiff Kelvin Allen (“Plaintiff”) is a California state prisoner proceeding in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. On June 20, 2014, the Ninth Circuit Court of

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Appeals remanded the action to this Court with instructions to vacate the judgment.

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Pursuant to the July 23, 2014, Notice of Appearance, Plaintiff is represented by counsel for
the limited purpose of resolving the issue of exhaustion of administrative remedies.
The Court issued a Discovery and Scheduling Order on August 27, 2014. However, on

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January 16, 2015, the Court vacated the dates and stayed all discovery pending a ruling on

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Defendants’ November 25, 2014, motion for judgment on the pleadings based on exhaustion. The

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Court also stated that Plaintiff’s counsel would be the sole representative for Plaintiff, both before

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the Court and in discussions with Defendants.

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On January 22, 2015, the Court received a “Motion for Request for Judicial Notice” from

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Plaintiff, on his own behalf. The motion does not state the relief requested, though it appears from

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Plaintiff’s exhibits that he may be seeking counsel for all aspects of this case.

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Where a represented plaintiff files a pleading on his own behalf, the Court will often strike

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the document. In this instance, however, the Court ORDERS Plaintiff’s counsel to communicate

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with Plaintiff and clarify his request to the Court within thirty (30) days of the date of service of this

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order.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

January 27, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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