Davis v. Walker et al

Filing 170

ORDER signed by District Judge Kimberly J. Mueller on 3/27/2018 ORDERING that the counsel for defendants file, under seal, a document listing the names and addresses of any and all next of kin or next friend contacts contained in plaintiff's prison records. (Fabillaran, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNARD LEE DAVIS,

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Plaintiff,

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No. 2:08-cv-0593 KJM DB P

v.
JAMES WALKER, et al.,

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Defendants.

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KENNARD LEE DAVIS,
Plaintiff,

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v.

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No. 2:10-cv-2139 KJM DB P

ORDER

JAMES WALKER, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding in forma pauperis with civil rights actions

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under 42 U.S.C. § 1983. Plaintiff is proceeding in both actions through a guardian ad litem,

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Ronnie Tolliver. See ECF Nos. 40; 81.1 By order filed June 21, 2017, Mr. Tolliver was directed

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Throughout this order citations to documents filed in the court’s Electronic Case Filing (ECF)
system are first to the record in Case No. 2:08-cv-0593 KJM DB and second to the record in Case
No. 2:10-cv-2139 KJM DB.
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to complete and return notice confirming that he had received the court’s order and providing his

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current address. ECF Nos. 141; 200. Mr. Tolliver did not respond in any way to the court’s

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order.

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On March 22, 2018, plaintiff Kennard Davis filed a pro se motion in which he asserts,

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inter alia, that Mr. Tolliver is deceased. ECF Nos. 169; 233. At a prior stage of these

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proceedings, plaintiff filed pro se motions seeking substitution of his wife as guardian ad litem.

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See, e.g., ECF No. 140; 198. Those motions were denied without prejudice. ECF Nos. 162; 222.

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Good cause appearing, the court will now take steps to appoint a new guardian ad litem for

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plaintiff. To that end, counsel for defendants will be directed to file a document listing the names

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and addresses of any and all next of kin or next friend contacts contained in plaintiff’s prison

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records, with a request that the document be filed under seal or redacted as provided by Local

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Rules 140 and 141.

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In accordance with the above, IT IS HEREBY ORDERED that within fourteen days from

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the date of this order counsel for defendants shall file under seal a document listing the names and

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addresses of any and all next of kin or next friend contacts contained in plaintiff’s prison records.

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DATED: March 27, 2018.

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UNITED STATES DISTRICT JUDGE

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