Thomas v. Garcia et al
Filing
141
ORDER Denying 133 Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 01/09/2013. (Flores, E)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JEAN-PIERRE K. THOMAS,
Case No. 1:08-cv-00689 JLT (PC)
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Plaintiff,
ORDER DENYING MOTION TO
APPOINT COUNSEL
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vs.
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M.P. GARCIA, et al,
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(Doc. 133).
Defendants.
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On December 26, 2012, Plaintiff, a California state prisoner proceeding pro se, filed a
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motion seeking the appointment of counsel pursuant to 28 U.S.C. § 1915(e)(1) and 18 U.S.C §
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3000(A). Plaintiff previously filed a similar motion to appoint counsel on January 19, 2012.
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(Doc. 104). In the Court’s March 4, 2012 order, the Court informed Plaintiff that because he is
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not proceeding in forma pauperis in this action, having paid the filing fee in full, the Court lacks
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statutory authority to appoint counsel to represent Plaintiff. (Doc. 109). Plaintiff status has not
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changed; thus, the Court still lacks authority to appoint counsel for Plaintiff.
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Plaintiff reliance upon 18 U.S.C. § 3000A is misplaced, as §3000A relates to the
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appointment of counsel for criminal defendants.
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///
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For the reasons set forth above, Plaintiff’s motion for the appointment of counsel is
HEREBY DENIED.
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IT IS SO ORDERED.
Dated:
January 9, 2013
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
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