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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNARD LEE DAVIS, 12 Plaintiff, 13 14 No. 2:08-cv-0593 KJM DB P v. JAMES WALKER, et al., 15 Defendants. 16 17 KENNARD LEE DAVIS, Plaintiff, 18 v. 19 20 No. 2:10-cv-2139 KJM DB P ORDER JAMES WALKER, et al., Defendants. 21 22 23 Plaintiff is a state prisoner proceeding in forma pauperis with civil rights actions 24 under 42 U.S.C. § 1983. Plaintiff is proceeding in both actions through a guardian ad litem, 25 Ronnie Tolliver. See ECF Nos. 40; 81.1 By order filed June 21, 2017, Mr. Tolliver was directed 26 27 28 1 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. 1 1 to complete and return notice confirming that he had received the court’s order and providing his 2 current address. ECF Nos. 141; 200. Mr. Tolliver did not respond in any way to the court’s 3 order. 4 On March 22, 2018, plaintiff Kennard Davis filed a pro se motion in which he asserts, 5 inter alia, that Mr. Tolliver is deceased. ECF Nos. 169; 233. At a prior stage of these 6 proceedings, plaintiff filed pro se motions seeking substitution of his wife as guardian ad litem. 7 See, e.g., ECF No. 140; 198. Those motions were denied without prejudice. ECF Nos. 162; 222. 8 Good cause appearing, the court will now take steps to appoint a new guardian ad litem for 9 plaintiff. To that end, counsel for defendants will be directed to file a document listing the names 10 and addresses of any and all next of kin or next friend contacts contained in plaintiff’s prison 11 records, with a request that the document be filed under seal or redacted as provided by Local 12 Rules 140 and 141. 13 In accordance with the above, IT IS HEREBY ORDERED that within fourteen days from 14 the date of this order counsel for defendants shall file under seal a document listing the names and 15 addresses of any and all next of kin or next friend contacts contained in plaintiff’s prison records. 16 DATED: March 27, 2018. 17 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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