Brown v. Fambrough et al

Filing 71

ORDER granting oral motion for appointment of counsel signed by Magistrate Judge Jennifer L. Thurston on 3/16/2012. (Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THORNELL BROWN,

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Plaintiff,

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Case No. 1:09-cv-00573 JLT (PC)
ORDER GRANTING ORAL MOTION FOR
APPOINTMENT OF COUNSEL

vs.
JAWAYNE FAMBROUGH, et al.,

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Defendants.
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff alleges that Defendants Copeland and Fambrough used excessive

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force on him while they escorted him to the Program Office at Kern Valley State Prison on August 23,

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2006. Plaintiff alleges also that Amoako, Peacock, Whitehead, and Yates failed to protect him from the

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use of excessive force.

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On March 16, 2012, the Court conducted the trial confirmation and pretrial conference in this

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matter. At the hearing, Plaintiff reiterated his request for appointment of counsel. The Court explained

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that this case and the level of complexity of the issues raised in it do not make is exceptional such to

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warrant appointment of counsel. However, in discussing the pretrial issues, it became apparent to the

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Court that Plaintiff is not capable of organizing his case sufficiently to present it in an understandable

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fashion to a jury.

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Therefore, Plaintiff’s oral request for appointment of counsel is GRANTED.

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IT IS SO ORDERED.

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Dated: March 16, 2012
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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