Sims v. Guirbino

Filing 15

ORDER Striking Motion to Appoint Counsel 14 , signed by Magistrate Judge Gerald B. Cohn on 10/14/11. No Further Filings will be Accepted in this Closed Case. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ROBERT SIMS,

Case: No. 1:09-cv-01850-GBC (PC)

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ORDER STRIKING MOTION TO APPOINT
COUNSEL

Plaintiff,
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v.

(Doc. 14)

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GEORGE J. GUIRBINO,

NO FURTHER FILINGS WILL BE
ACCEPTED IN THIS CLOSED CASE

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Defendant.
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Robert Sims (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action filed pursuant to 42 U.S.C. § 1983. On October 21, 2009, Plaintiff filed his

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original complaint. (Doc. 1). On June 8, 2011, the Court issued an order to show cause as to why

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the action should not be dismissed based on failure to exhaust administrative remedies. (Doc. 11).

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On June 16, 2011, the order was returned as undeliverable and the Court sent out a notice that the

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change of address was due by August 25, 2011. On September 6, 2011, the action was dismissed

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for failure to prosecute. (Doc. 12). On October 6, 2011, Plaintiff filed an unsigned motion

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requesting for the Court to appoint counsel.

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Every pleading, written motion, and any other papers submitted to the court must be signed.

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Local Rule 131; Fed. R. Civ. P. 11(a). As the action has been dismissed Plaintiff’s motion for the

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appointment of counsel is moot. Moreover Plaintiff’s motion is unsigned, therefore the Court will

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not consider Plaintiff’s unsigned motion.

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Based on the foregoing, the Court HEREBY ORDERS:

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1.

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Plaintiff’s motion for appointment of counsel filed October 6, 2011, is ordered to be
STRICKEN due to lack of signature; and

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2.

No further filings will be accepted in this closed case.

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IT IS SO ORDERED.

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Dated:
0jh02o

October 14, 2011
UNITED STATES MAGISTRATE JUDGE

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