James White v. Pazin et al

Filing 86

ORDER Denying 84 Motion to Appoint Counsel as Moot, signed by Magistrate Judge Barbara A. McAuliffe on 4/18/19. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES E. WHITE,

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Plaintiff,

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Case No. 1:12-cv-00917-BAM (PC)
ORDER DENYING MOTION TO APPOINT
COUNSEL AS MOOT

v.
(ECF No. 84)
COUNTY OF MERCED,

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Defendant.

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Plaintiff James E. White is a state prisoner who proceeded in forma pauperis and

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represented by counsel in this civil rights action pursuant to 42 U.S.C. § 1983, against Defendant

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County of Merced. All parties consented to Magistrate Judge jurisdiction. (ECF Nos. 6, 56.)
On March 29, 2019, the Court granted Defendant’s motion for summary judgment and

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entered judgment in favor of Defendant County of Merced and against Plaintiff. (ECF No. 80.)

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On April 17, 2019, Plaintiff filed, pro se, a notice of appeal and a motion to appoint counsel.

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(ECF Nos. 82, 84.) The appeal was processed to the Ninth Circuit Court of Appeals. (ECF No.

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83.)

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To the extent Plaintiff seeks appointment of counsel before this Court, Plaintiff has been

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represented by counsel in this action since December 15, 2016. (ECF No. 51.) To date, no

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motion for withdrawal of counsel has been received by the Court, and in addition, this action is

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closed. To the extent Plaintiff seeks appointment of counsel for the purposes of his appeal, that
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request is properly directed to the Ninth Circuit, not this Court. As noted above, Plaintiff’s appeal

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has been received and processed, and he will receive further instructions from the Ninth Circuit.

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Accordingly, Plaintiff’s motion to appoint counsel, (ECF No. 84), is HEREBY DENIED

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as moot.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 18, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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