Simmons v. Adams et al

Filing 49

ORDER Denying Motion (Doc. 45 ), signed by Magistrate Judge Sheila K. Oberto on 9/26/2012. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MELVIN JOSEPH SIMMONS,

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Plaintiff,

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CASE NO. 1:10-cv-01259-LJO-SKO PC
ORDER DENYING MOTION

v.

(Doc. 45)

DERAL G. ADAMS, et al.,

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Defendants.
/

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Plaintiff Melvin Joseph Simmons, a state prisoner proceeding pro se and in forma pauperis,

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filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 14, 2010. This action is proceeding

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on Plaintiff’s amended complaint, filed on January 27, 2011, against Defendant Sanders for use of

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excessive force, in violation of the Eighth Amendment of the United States Constitution.

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On September 6, 2012, Plaintiff filed a motion entitled “Plaintiff’s Motion Requesting

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Judicial Action of Intervention by the Attorney General.” The motion seeks no identifiable form of

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relief to which Plaintiff is entitled under federal law. In part, Plaintiff cites to and quotes from

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Federal Rule of Civil Procedure 24, which pertains to intervention. “[I]ntervention is the requisite

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method for a non-party to become a party to a lawsuit,” U.S. ex rel. Eisenstein v. City of New York,

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New York, 556 U.S. 928, 932-33, 129 S.Ct. 2230, 2234 (2009), and Plaintiff, as a party to this suit,

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may not seek an order requiring a non-party to intervene, Fed. R. Civ. P. 24(a), (b)(1).

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It is unclear what relief Plaintiff is attempting to obtain via his motion, and the motion is
therefore DENIED.

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IT IS SO ORDERED.

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Dated:
ie14hj

September 26, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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