Gonzalez v. Razo et al

Filing 69

ORDER DENYING 66 Plaintiff's Motion to Assist Plaintiff's Counsel in Response/Reply to Defendants' Summary Judgment Motion signed by Magistrate Judge Erica P. Grosjean on 6/19/2017. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 1:15-cv-01098-DAD-EPG (PC) MANUEL ANTONIO GONZALEZ, 12 ORDER DENYING PLAINTIFF’S MOTION TO ASSIST PLAINTIFF’S COUNSEL IN RESPONSE/REPLY TO DEFENDANTS’ SUMMARY JUDGMENT MOTION (ECF NO. 66) Plaintiff, 13 v. 14 J. RAZO, et al., 15 Defendants. 16 17 Manuel Antonio Gonzalez (“Plaintiff”) is a state prisoner, and is the plaintiff in this civil 18 rights action filed pursuant to 42 U.S.C. § 1983, which includes attendant state law claims. 19 Plaintiff is represented by counsel. On June 16, 2017, Plaintiff filed a motion to assist his counsel 20 in response/reply to Defendants’ summary judgment motion (“the Motion”). (ECF No. 66). 21 Plaintiff asks that the Court direct his counsel to raise certain facts and arguments in response to 22 Defendants’ motion for summary judgment. 23 The Motion will be denied. Plaintiff is represented by counsel. It is Plaintiff’s counsel’s 24 responsibility to respond to Defendants’ motion for summary judgment, not Plaintiff’s. 25 Moreover, the Court will not order Plaintiff’s counsel to bring up facts and arguments that his 26 client wants him to bring up. If there are facts and arguments that Plaintiff believes his counsel 27 should bring up, Plaintiff should discuss them with his counsel. 28 The Court notes that if Plaintiff believes that prison staff are interfering with his ability to 1 1 communicate with his counsel, Plaintiff should bring that issue to the Court’s attention by filing a 2 motion with evidence of any interference in communication with Plaintiff’s counsel. 3 Accordingly, the Motion (ECF No. 66) is DENIED. 4 5 6 7 IT IS SO ORDERED. Dated: June 19, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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