Underwood v. Knowles et al

Filing 161

ORDER Denying 160 Motion to Appoint Counsel signed by Magistrate Judge Barbara A. McAuliffe on 08/24/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.

(ECF No. 160)

S. MARTIN, et al.,

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1:08-cv-00986 BAM (PC)

VALENTINE E. UNDERWOOD,

Defendants.
On March 26, 2015, an order was entered, granting in part and denying Defendants’
motion for summary judgment. Judgment was granted on Plaintiff’s retaliation claim and denied
on Plaintiff’s excessive force claim. Plaintiff filed a motion for reconsideration, which was
denied on July 10, 2015. On August 18, 2015, Plaintiff filed a motion for the appointment of
counsel to help him prepare for trial.
Because this case is pending before the Court of Appeal, any request for the appointment
of counsel to assist in post-appeal proceedings is premature. Any request for the appointment of
counsel regarding Plaintiff’s appellate proceedings should be filed with the Court of Appeals.
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for the appointment of
counsel filed on August 18, 2015, is denied without prejudice.
IT IS SO ORDERED.
Dated:

/s/ Barbara

August 24, 2015

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UNITED STATES MAGISTRATE JUDGE

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A. McAuliffe

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