Messinger

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JOSHUA DAVIS BLAND, No. 2:20-cv-0051 KJM DB P Plaintiff, v. ORDER JON A. MESSINGER, et al., Defendants. 15 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants subjected him to verbal harassment and used excessive force against him. Presently before the court are the parties’ response to the court’s order to show cause (ECF Nos. 39, 41) and plaintiff’s motion to appoint counsel (ECF No. 40). RESPONSES TO ORDER TO SHOW CAUSE The Discovery and Scheduling Order (“DSO”) was issued on March 29, 2021. (ECF No. 28.) Pursuant to the DSO any dispositive motion was to be filed by October 22, 2021. (Id. at 6.) Neither party filed a motion for summary judgment before the expiration of the dispositive motion deadline. Therefore, the undersigned issued an order directing the parties to show cause why this action should not be set for…