Woodman v. Shoaf et al

Filing 83

ORDER, signed by Chief Judge B. Lynn Winmill on 9/24/10: Plaintiff's Motions for Reconsideration 70 & 72 are DENIED; Plaintiff's Motion to Alter or Amend Judgment 73 is DENIED; and Plaintiff's Motion for Appointment of Counsel 74 is DENIED. (Hellings, J)

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(PC) Woodman v. Shoaf et al Doc. 83 IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA F R E S N O DIVISION J O H N WOODMAN, C a s e No. 1:06-cv-00817-BLW-LMB Plaintiff, ORDER v. C H U C K SHOAF, Defendants. P re v io u s ly in this case, Plaintiff was provided with additional time to respond to th e outstanding Motion for Summary Judgment and Amended Motion to Dismiss. When h e did not respond, his case was dismissed. Plaintiff has filed several post-judgment m o tio n s , all of which request that the Court reconsider appointing counsel for Plaintiff. P la in tif f has not addressed Defendants' Motion to Dismiss, which sought dismissal based o n Plaintiff's failure to comply with discovery requests. T h e Court concludes that, while Plaintiff takes various medications for mental illn e s s and/or personality disorders, it appears that he is stabilized on the medications. His a rg u m e n ts are articulate when compared to prisoners in general. Plaintiff failed to take a n y action to prosecute this case during the time period when he was released from prison O RDER 1 Dockets.Justia.com earlier in this case, and, after a brief period of re-incarceration, it appears that he was no lo n g e r incarcerated as of April 2010. Finally, Plaintiff's case is not particularly difficult s u c h that appointment of counsel is necessary. Accordingly, Plaintiff's motions shall be d e n ie d . ORDER I T IS HEREBY ORDERED: 1. 2. 3. P la in tif f 's Motions for Reconsideration (Dkt. 70 & Dkt. 72) are DENIED; P la in tif f 's Motion to Alter or Amend Judgment (Dkt. 73) is DENIED; and P la in tif f 's Motion for Appointment of Counsel (Dkt. 74) is DENIED. DATED: September 24, 2010 Honorable B. Lynn Winmill Chief U. S. District Judge O RDER 2

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