McCoy v. Kelso, et al.

Filing 237

ORDER DENYING 228 Plaintiff's Motion for Relief Under Federal Rule of Civil Procedure 8(b)(6), signed by Magistrate Judge Stanley A. Boone on 6/26/2020. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH RAYMOND MCCOY,

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Plaintiff,

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v.
STRONACH, et al.,

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Defendants.

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Case No.: 1:12-cv-000983-AWI-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR RELIEF UNDER FEDERAL RULE OF
CIVIL PROCEDURE 8(b)(6)
[ECF No. 228]

Plaintiff Joseph Raymond McCoy is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983.

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Currently before the Court is Plaintiff’s motion for relief under Federal Rule of Civil Procedure

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8(b)(6), filed on June 8, 2020. Plaintiff contends that “his Unit Health Care Records (UHR) show that

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he has a “pre-existing medical condition(s) ‘dissaminated coccidiodomycosis [sic]’” which means he

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is “particularly vulnerable to COVID-19 and which pose a greater risk of death,” which relates to the

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allegations in the first amended complaint.
Federal Rule of Civil Procedure 8(b)(6) provides, “An allegation ... is admitted if a responsive

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pleading is required and the allegation is not denied. If a responsive pleading is not required, an

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allegation is considered denied or avoided.” (emphasis added). As Defendants were not required to

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respond to Plaintiff specific medical conditions, Plaintiff’s request for relief under Rule 8(b)(6) is

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denied.

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IT IS SO ORDERED.

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Dated:

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June 26, 2020
UNITED STATES MAGISTRATE JUDGE

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