Wilhelm v. Woodford

Filing 21

ORDER Denying Petitioner's 18 Motion to Appoint Counsel without Prejudice signed by Magistrate Judge Stanley A. Boone on 09/26/2013. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN WILHELM,

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Plaintiff,
v.
JEANNIE WOODFORD, et al.,
Defendants.

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Case No.: 1:12-cv-00386-AWI-SAB (PC)
ORDER DENYING PETITIONER’S MOTION
FOR APPOINTMENT OF COUNSEL WITHOUT
PREJUDICE
[ECF No. 18]

Plaintiff Steve Wilhelm is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
Now pending before the Court is Plaintiff’s motion for appointment of counsel filed on
September 24, 2013.
On September 10, 2013, the Court dismissed Plaintiff’s complaint, with leave to amend, for

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failure to state a claim. Plaintiff was granted thirty days from the date of service of that order to file an

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amended complaint.

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On September 24, Plaintiff filed a notice of appeal of the Court’s September 10, 2013,
screening order.

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Plaintiff’s motion for appointment of counsel is directed to the United States Court of Appeal

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for the Ninth Circuit. Because Plaintiff has filed a notice of appeal and is apparently seeking counsel

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to assist with his appeal, the instant motion is DENIED, to re-filing the motion in the Court of

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Appeals.

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IT IS SO ORDERED.

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Dated:

September 26, 2013

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UNITED STATES MAGISTRATE JUDGE
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