Pappas v. North Kern State Prison et al

Filing 41

ORDER in Response to Plaintiff's 40 Request signed by Magistrate Judge Gary S. Austin on 6/9/2015. (Sant Agata, S)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

NICHOLAS CHRISTOPHER PAPPAS,

11
12
13
14

Plaintiff,
vs.

1:14-cv-00109-GSA-PC
ORDER IN RESPONSE TO
PLAINTIFF’S REQUEST
(Doc. 40.)

NORTH KERN STATE PRISON, et al.,
Defendants.

15

Nicholas Christopher Pappas (APlaintiff@) is a state prisoner proceeding pro se and in
16

forma pauperis in this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the

17

Complaint commencing this action on January 27, 2014. (Doc. 1.) This case now proceeds
18

with Plaintiff’s original Complaint, against defendant C/O Lopez (“Defendant”) for use of

19

excessive force in violation of the Eighth Amendment. On May 1, 2015, Defendant filed a
20

motion for summary judgment. (Doc. 34.) On June 4, 2015, Plaintiff filed an opposition to the
21

motion. (Doc. 39.)
22

On June 4, 2015, Plaintiff filed a request for the Court to notify Defendant or
23

Defendant’s attorney of the filing of Plaintiff’s opposition to the motion for summary

24

judgment. (Doc. 40.)
25

As Plaintiff was advised in the Court’s First Informational Order:
26
27
28

Once an attorney for a defendant appears in a pro se plaintiff's
civil rights action (by filing an answer, a motion to dismiss, a
motion for summary judgment, etc.), that attorney's office will
receive notice of all filings through the Court's electronic filing
1

1

system (ECM/ECF). A pro se plaintiff need not serve documents
on counsel for a defendant.

2

(Doc. 2 at 4 ¶4.) Defendant’s attorney appeared in this case on May 1, 2015 by filing a motion

3

for summary judgment on Defendant’s behalf. Therefore, the Court notified Defendant’s

4

attorney of the filing of Plaintiff’s June 4, 2015 opposition through the Court’s electronic filing

5

system.

6

This order resolves Plaintiff’s request filed on June 4, 2015.

7

8
9
10

IT IS SO ORDERED.
Dated:

June 9, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22

23
24
25
26
27
28
2