Jackson v. Pletcher et al

Filing 98

ORDER signed by Magistrate Judge Kendall J. Newman on 4/23/2012 ORDERING that plaintiff is GRANTED 30 days to file a motion to amend and proposed amended complaint, if plaintiff intends to proceed on the original complaint, he shall notify the court within that time; defenant Pletcher's 35 motion for summary judgment and defendant Cate's 57 motion to dismiss are VACATED without prejudice; plaintiff's 46 motion for an order to videotape his surgery, 47 motion to fast track this action, 59 , 64 , 65 , 66 , 67 , 71 motions for extension of time, 72 motion to compel, and 78 motion to amend are VACATED. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAYMOND D. JACKSON,

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Plaintiff,

No. 2: 11-cv-1157 JAM KJN P

vs.
STEVEN FLETCHER, et al.,
Defendants.

ORDER
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Plaintiff is a state prisoner, proceeding through counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. On January 3, 2012, the court appointed counsel to represent

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plaintiff. (Dkt. No. 81.) Prior to counsel’s appointment, on December 29, 2012, plaintiff himself

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filed a motion to amend and a proposed amended complaint. (Dkt. Nos. 78, 79.)

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On January 18, 2012, the parties stipulated that plaintiff’s motion to amend would

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be held in abeyance until such time as plaintiff’s counsel had the opportunity to review the

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pleadings to determine whether he would proceed with the motion to amend and proposed

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amended complaint. (Dkt. No. 83.) Now that counsel has been appointed, if plaintiff intends to

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proceed on an amended complaint, the proposed amended complaint and motion to amend

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should be prepared by plaintiff’s counsel. For this reason, the motion to amend filed by plaintiff

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himself on December 29, 2011 is vacated. Plaintiff is granted thirty days to file a proposed
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amended complaint and motion to amend. If plaintiff intends to proceed on the original

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complaint, he shall notify the court within thirty days.

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Also pending is a motion for summary judgment filed by defendant Pletcher and a

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motion to dismiss filed by defendant Cate. (Dkt. Nos. 35 and 57.) Because it is not clear

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whether plaintiff intends to proceed on the original complaint, on which these motions are based,

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these motions are vacated without prejudice from the court calendar. The court will reinstate

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these motions and order a briefing schedule if plaintiff informs the court that he intends to

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proceed on the original complaint.

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Prior to counsel’s appointment, plaintiff himself filed several motions which are

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still pending including 1) a motion for an order to videotape plaintiff’s surgery (Dkt. No. 46);

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2) a motion to fast track this action (Dkt. No. 47); 3) six motions for extensions of time to

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respond to motions filed by defendants (Dkt. Nos. 59, 64-67, 71); and 4) a motion to compel

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(Dkt. No.72). Because plaintiff is now represented by counsel, these motions filed by plaintiff

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himself are vacated.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff is granted thirty days to file a motion to amend and proposed amended

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complaint; if plaintiff intends to proceed on the original complaint, he shall notify the court

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within that time;

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2. Defendant Pletcher’s motion for summary judgment (Dkt. No. 35) and
defendant Cate’s motion to dismiss (Dkt. No. 57) are vacated without prejudice;

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3. The following motions filed by plaintiff are vacated: a) motion for an order to

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videotape his surgery (Dkt. No. 46); b) motion to fast track this action (Dkt. No. 47); c) motions

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for extension of time (Dkt. Nos. 59, 64-67, 71); d) motion to compel (Dkt. No. 72); and e)

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motion to amend (Dkt. No. 78).

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DATED: April 23, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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jack1157.clp

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