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)

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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

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