Davis v. Walker et al

Filing 186

ORDER signed by District Judge Kimberly J. Mueller on 9/25/18 DENYING Motions to Appoint Counsel 164 , 165 , 169 , 176 , 180 ; Motions 173 , 182 and Motion for Summary Judgment 183 without prejudice. No orders will issue in response to further pro se filings by Plaintiff. (Mena-Sanchez, L)

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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 No. 2:08-cv-0593 KJM DB P Plaintiff, 13 v. 14 JAMES WALKER, et al., 15 Defendants. 16 KENNARD LEE DAVIS, 17 No. 2:10-cv-2139 KJM DB P Plaintiff, 18 v. 19 ORDER JAMES WALKER, et al., 20 Defendants. 21 22 23 Plaintiff is a state prisoner, proceeding in forma pauperis with the above civil 24 rights actions under 42 U.S.C. § 1983. Plaintiff is proceeding in both actions through a newly 25 appointed guardian ad litem, Jennifer Brown. See ECF Nos. 184; 255.1 The court anticipates 26 27 28 1 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 counsel for Ms. Brown will be appointed soon consistent with the provisions of the order 2 appointing her as guardian ad litem. See ECF Nos. 184 at 2; 255 at 2. 3 Several motions are pending in each of the above actions, all filed by plaintiff pro 4 se. Plaintiff has previously been informed that no orders would issue in response to future pro se 5 filings until further order of court. ECF Nos. 162, 222. To clarify the state of the record, all 6 pending motions will be denied without prejudice. Plaintiff is informed that this action will 7 proceed through his guardian ad litem or her soon-to-be appointed counsel and that all filings in 8 this action on his behalf must be made by and through his guardian ad litem or her court- 9 appointed counsel. 10 In accordance with the above, IT IS HEREBY ORDERED that: 11 1. All pending motions filed by plaintiff pro se in Case No. 2:08-cv-0593 KJM 12 DB, ECF Nos. 164, 165, 169, 173, 176, 180, 182, and 183, are denied without prejudice; 13 2. All pending motions filed by plaintiff pro se in Case No. 2:10-cv-2139 KJM 14 DB, ECF Nos. 233, 237, 238, 242, 244, 245, 246, 247, 249, 250, 252, 253, and 254, are denied 15 without prejudice; and 16 17 3. No orders will issue in response to further pro se filings by plaintiff. DATED: September 25, 2018. 18 19 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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