Davis v. Walker et al
Filing
101
ORDER signed by Magistrate Judge Deborah Barnes on 8/29/16 ORDERING that plaintiff's motions (case no. 08-cv-593, ECF No. 97 ; case no. 10-cv-2139, ECF No. 153) are STRICKEN. Plaintiff is again cautioned that further violations of this court's orders will result in a recommendation that these actions be dismissed. (Dillon, M)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
KENNARD DAVIS,
12
13
14
No. 2:08-cv-0593 KJM DB
Plaintiff,
v.
JAMES WALKER, et al.,
15
Defendants.
16
17
KENNARD DAVIS,
18
19
20
21
No. 2:10-cv-2139 KJM DB
Plaintiff,
v.
JAMES WALKER, et al.,
ORDER
Defendants.
22
23
24
In 2011, plaintiff was determined to be incompetent. (See ECF No. 59.) In 2014, the
25
court appointed a guardian ad litem to represent plaintiff’s interests herein. (ECF No. 81.) As
26
plaintiff has been informed previously, because he has been found incompetent and is proceeding
27
in this action through his guardian ad litem, plaintiff may not file documents on his own behalf.
28
1
1
(ECF No. 144.) Therefore, two recent motions plaintiff filed in the above-titled actions were
2
improper and violate this court’s July 7, 2016 order restricting plaintiff’s filings.
3
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motions (case no. 08-cv-593,
4
ECF No. 97; case no. 10-cv-2139, ECF No. 153) are stricken. Plaintiff is again cautioned that
5
further violations of this court’s orders will result in a recommendation that these actions be
6
dismissed.
7
DATED: August 29, 2016
/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
DLB:9
DLB1/prisoner-civil rights/Davi0593.strk(2)
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?