Tilei v. Wan et al

Filing 127

ORDER Denying Motion For Appointment Of Counsel (Motion # 126 ), signed by Magistrate Judge Gary S. Austin on 10/27/2011. (Fahrney, E)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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PUNAOFO TSUGITO TILEI,

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1:06-cv-00776 GSA (PC)

Plaintiff,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL AS
MOOT

vs.
T. WAN, et al.,

(MOTION #126)
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Defendants.
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________________________________/
Punaofo Tsugito Tilei (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. This action was dismissed on July 27, 2011 for Plaintiff’s

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failure to prosecute, based in part on Plaintiff’s failure to respond to the Court’s order of July 15,

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2011 which required Plaintiff to show cause why this action should not be dismissed for failure

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to prosecute. (Doc. 121.) Subsequently, on August 17, 2011, the Court issued an order granting

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Plaintiff another opportunity to respond to the Court’s order to show cause, within thirty days.1

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(Doc. 125.) Plaintiff failed to file a timely response to the order to show cause, and he did not

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request an extension of time. Plaintiff’s case remains closed.

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On July 25, 2011, the Court received notice by a third party that Plaintiff had been incapacitated due to a
medical condition for the past eight months. (Doc. 124.) Therefore, the Court granted Plaintiff another opportunity
to oppose the dismissal of this action.

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On October 19, 2011, plaintiff filed a motion seeking the appointment of counsel. (Doc.

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126.) Inasmuch as this case is closed and all deadlines have expired, Plaintiff’s motion is moot

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and shall be denied as such.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for appointment of
counsel, filed on October 19, 2011, is DENIED as moot.
IT IS SO ORDERED.
Dated:
220hhe

October 27, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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