Allen v. Meyer et al

Filing 77

ORDER Denying Plaintiff's Motion For Appointment Of Counsel Without Prejudice(Document 74 ), signed by Magistrate Judge Dennis L. Beck on 1/30/2015. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KELVIN ALLEN,

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Plaintiff,

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v.

Case No. 1:09-cv-00729 LJO DLB PC
ORDER DENYING PLAINTIFF’S MOTION
FOR APPOINTMENT OF COUNSEL
WITHOUT PREJUDICE

MEYER, et al.,
(Document 74)

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Defendants.

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Plaintiff Kelvin Allen (“Plaintiff”) is a California state prisoner proceeding in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. On June 20, 2014, the Ninth Circuit Court of

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Appeals remanded the action to this Court with instructions to vacate the judgment.
Pursuant to the July 23, 2014, Notice of Appearance, Plaintiff is represented by counsel for

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the limited purpose of resolving the issue of exhaustion of administrative remedies.

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On January 27, 2015, Plaintiff filed a motion for the appointment of counsel to represent him

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on issues other than exhaustion. At this point in the proceedings, however, only the exhaustion issue

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is before the Court. In other words, the Court has not yet moved on to the merits of Plaintiff’s

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claims.

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Accordingly, the Court DENIES Plaintiff’s motion WITHOUT PREJUDICE. If the action

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survives the exhaustion challenge, Plaintiff may file a motion for the appointment of counsel at that

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time.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

January 30, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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