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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNARD DAVIS,

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No. 2:08-cv-0593 KJM DB

Plaintiff,
v.
JAMES WALKER, et al.,

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Defendants.

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KENNARD DAVIS,

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No. 2:10-cv-2139 KJM DB

Plaintiff,
v.
JAMES WALKER, et al.,

ORDER

Defendants.

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In 2011, plaintiff was determined to be incompetent. (See ECF No. 59.) In 2014, the

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court appointed a guardian ad litem to represent plaintiff’s interests herein. (ECF No. 81.) As

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plaintiff has been informed previously, because he has been found incompetent and is proceeding

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in this action through his guardian ad litem, plaintiff may not file documents on his own behalf.

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(ECF No. 144.) Therefore, two recent motions plaintiff filed in the above-titled actions were

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improper and violate this court’s July 7, 2016 order restricting plaintiff’s filings.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motions (case no. 08-cv-593,

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ECF No. 97; case no. 10-cv-2139, ECF No. 153) are stricken. Plaintiff is again cautioned that

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further violations of this court’s orders will result in a recommendation that these actions be

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dismissed.

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DATED: August 29, 2016

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:9
DLB1/prisoner-civil rights/Davi0593.strk(2)

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