Calloway v. Veal et al

Filing 89

ORDER VACATING 87 Order on Motion to Appoint Counsel, signed by Magistrate Judge Gary S. Austin on 05/8/13. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMISI JERMAINE CALLOWAY,

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Plaintiff,

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vs.

1:08-cv-01896-LJO-GSA-PC
ORDER VACATING ORDER OF
MAY 2, 2013
(Doc. 87.)

DR. WANG, et al.,

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Defendants.

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On May 1, 2013, Plaintiff filed a motion for appointment of counsel and for an expert

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witness. (Doc. 86.) On May 2, 2013, the Court issued an order stating that “[t]his case was

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closed on April 22, 2013,” and, on that basis, denied Plaintiff’s motion as moot. (Doc. 87.)

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The Court relied on the fact that that judgment was entered in this case on April 22, 2013.

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(Doc. 85.) However, a review of the record shows that this case is not closed. The judgment

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entered on April 22, 2013 was against only one of the defendants, Dr. Wang, and Plaintiff’s

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case against defendants Hayward and Oaks remains pending. Therefore, Plaintiff’s motion of

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May 1, 2013 is not moot due to the closing of Plaintiff’s case. Accordingly, the Court shall

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vacate its order of May 2, 2013.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Court’s order of May 2, 2013, is VACATED; and

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2.

The Court shall issue a new order in response to Plaintiff’s motion of May 1,

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2013.

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IT IS SO ORDERED.

Dated:

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DEAC_Signature-END:

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/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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May 8, 2013