Gilmore v. Augustus, et al.

Filing 193

ORDER DENYING Plaintiff's 192 Motion for Assistance at Trial signed by Magistrate Judge Stanley A. Boone on 5/27/2016. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

C. DWAYNE GILMORE,

ORDER DENYING PLAINTIFF’S MOTION
FOR ASSISTANCE AT TRIAL

Plaintiff,

12
13

Case No. 1:12-cv-00925-LJO-SAB-PC

v.
(ECF NO. 192)

14
15

C. LOCKARD, et al.,
Defendants.

16
17

Plaintiff is appearing pro se and in forma pauperis in this civil rights action pursuant to

18 42 U.S.C. § 1983.
19

On May 26, 2016, Plaintiff filed a motion titled as “Motion of Designation of Shante

20 Danielle Lands as Plaintiff’s Assistance for Pretrial and Trial Purposes.” Plaintiff requests the
21 assistance of Shante Danielle Lands as an assistant at trial. Plaintiff contends that because the
22 Court denied his motions for the appointment of counsel, he needs assistance at trial to help him
23 adequately present his case. Plaintiff supports his motion with the declaration of Shante Danielle
24 Lands, who declares that Plaintiff sought her assistance and that she is willing to assist him at
25 trial. (ECF No. 192, p. 3.)
26

Plaintiff is advised that parties representing themselves “must appear personally or by

27 courtesy appearance by an attorney admitted to the Bar of this Court and may not delegate that
28 duty to any other individual, including husband or wife, or any other party on the same side

1

1 appearing without an attorney.” Local Rule 183(a). Any individuals who are not an attorney and
2 not admitted to this Court are precluded from appearing on behalf of anyone but them self.
3 Johns v. Cnty. of San Diego, 114 F.3d 874, 877 (9th Cir. 1997); C. E. Pope Equity Trust v.
4 United States, 818 F.2d 696, 697 (9th Cir. 1987). Plaintiff, proceeding pro se on his own behalf,
5 is solely responsible for prosecuting this action. There is no indication that Ms. Lands is an
6 attorney admitted to this Court.
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion for Assistance at Trial

7

8 is DENIED.
9
10

IT IS SO ORDERED.

11 Dated:

May 27, 2016
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2