Gray v. Johnson et al

Filing 288

ORDER denying as premature 287 Motion to Appoint Counsel signed by Magistrate Judge Gary S. Austin on 11/6/2017. (Lundstrom, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DANA GRAY,

12
13
14
15

Plaintiff,
vs.

1:13-cv-01473-DAD-GSA-PC
ORDER DENYING MOTION AS
PREMATURE
(ECF No. 287.)

ROMERO, et al.,
Defendants.

16
17
18

Dana Gray (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action
pursuant to 42 U.S.C. § 1983.

19

On November 3, 2017, Plaintiff filed a motion for appointment of counsel to represent

20

her at a settlement conference after Plaintiff’s motion for default is resolved, and in the event

21

that the motion for default is granted. (ECF No. 287.) In the alternative, Plaintiff requests the

22

attendance of a peer advocate at the settlement conference. (Id.)

23

The court disfavors motions such as this one, requesting prospective relief conditioned

24

on a series of events which may or may not happen in the future. Plaintiff’s motion is based on

25

speculation that her pending motion for default will be granted and a settlement conference will

26

take place afterward. Such events may or may not happen in the future. 1 Plaintiff’s motion is

27
28

1

Findings and recommendations to deny Plaintiff’s motion for default were entered on October
20, 2017, and the time for filing objections has not expired. (ECF No. 283.)
1

1

premature and shall be denied as such. However, Plaintiff is not precluded from renewing the

2

motion at a later stage of the proceedings.

3
4

Accordingly, Plaintiff’s motion, filed on November 3, 2017, is DENIED as premature,
without prejudice.

5
6
7
8

IT IS SO ORDERED.
Dated:

November 6, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2