Cummings v. Bullock et al

Filing 48

MEMORANDUM AND ORDER - IT IS ORDERED as follows: 1. The motion to compel discovery (Doc. 47) is GRANTED in part and DENIED in part without prejudice. 2. The motion for entry of default as to Charles Boyer (Doc. 46) is DENIED. 3. The motion to clari fy is GRANTED, (Doc, 45), in part, in that the clerk isdirected to identify the defendant previously identified as Sergeant Bullock, as Sergeant Volack.. SEE MEMO & ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on July 8, 2016. (kjn)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

WILLIAM CUMMINGS,

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Plaintiff,
v.
SERGEANT VOLACK, et al.,
Defendants.

CIVIL NO. 3:15-CV-2245
(Judge Conaboy)

(Magistrate Judge Carlson)

MEMORANDUM AND ORDER
The background of this order is as follows:
The plaintiff, who is proceeding pro se, commenced this action by a complaint
on November 23, 2015. (Doc. 1.) The plaintiff has filed a series of motions to amend
his complaint, most recently filing a motion to amend on April 7, 2016. (Doc. 34.)
Recognizing that leave to amend should be liberally granted, we granted this motion
and the clerk was directed to file the proposed amended complaint, (Doc. 34-1) as the
amended complaint in this case.
Counsel has entered an appearance for numerous corrections defendants, and we
have set August 21, 2016 as the date for the filing of responsive pleadings in this case.
These developments have inspired a series of filings by Cummings, including a motion
to clarify, a motion for entry of default, and a motion to compel discovery. (Docs. 451

47.) With respect to these motions, IT IS ORDERED as follows:
1.

The motion to compel discovery (Doc. 47) is GRANTED in part and
DENIED in part without prejudice, and Mr. Cummings is advised that
once the defendants have responded to the complaint we will set a
discovery schedule in this case. After that schedule is set the plaintiff may
propound discovery in accordance with the schedule set by the court.
However, to the extent that Cummings has preciously propounded
discovery requests, defense counsel is instructed to either commence
responding to the requests or seek a stay of discovery if the defense
intends to respond to the complaint through a potentially dispositive
motion.

2.

The motion for entry of default as to Charles Boyer (Doc. 46) is DENIED
since our review of the plaintiff’s amended complaint leads us to conclude
that it was difficult to discern that Boyer was mow being sued and there
is no clear indication that he was served. Instead, IT IS ORDERED that
defense counsel should notify the court within 14 days if it is prepared to
accept a waiver of service on behalf of Mr. Boyer.

3.

The motion to clarify is GRANTED, (Doc, 45), in part, in that the clerk is
directed to identify the defendant previously identified as Sergeant
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Bullock, as “Sergeant Volack.” To the extent that Cummings seeks our aid
in entering a default against Defendant Boyer the motion is DENIED, and
we also decline Cummings’ invitation to direct mediation at this time, but
do so without prejudice to direct communications between the parties on
this score.
SO ORDERED, this 8th day of July, 2016.

S/Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge

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