Millner v. Biter

Filing 27

ORDER Denying Plaintiff's Amended Motion For Appointment Of Counsel (ECF No. 26 ), signed by Magistrate Judge Stanley A. Boone on 6/27/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES W. MILLNER,

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Plaintiff,

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v.
MARTIN BITER, et al.,

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Defendants.

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ORDER DENYING PLAINTIFF’S AMENDED
MOTION FOR APPOINTMENT OF COUNSEL
[ECF No. 26]

pursuant to 42 U.S.C. § 1983.
On June 25, 2014, Plaintiff filed an amended motion for the appointment of counsel. (ECF No.

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Case No.: 1:13-cv-02029-SAB (PC)

Plaintiff James W. Millner is appearing pro se and in forma pauperis in this civil rights action

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26.)
On June 11, 2014, Plaintiff filed a motion for the appointment of counsel. The Court denied

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Plaintiff’s motion for counsel on June 13, 2014, finding exceptional circumstances were not present to

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warrant the appointment of volunteer counsel.

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In the present amended motion, Plaintiff contends that he is in severe pain since he was

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assaulted by prison staff on July 14, 2013, and he has not had sufficient time in the law library. As

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with Plaintiff’s prior motion, although Plaintiff contends he is physically impaired, he has not

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provided substantial evidence to demonstrate that he is incapable of understanding and responding to

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court orders. “Indeed, Plaintiff filed a second amended complaint in response to the Court’s May 8,
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2014, order dismissing the first amended complaint, with leave to amend.” Furthermore, Plaintiff’s

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case is not exceptional. Plaintiff alleges Eighth Amendment claims for excessive force and deliberate

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indifference to a serious medical need. The legal issues present in this action are not complex, and

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Plaintiff has thoroughly set forth his allegations in the second amended complaint.

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Accordingly, Plaintiff’s amended motion for the appointment of counsel is DENIED.

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IT IS SO ORDERED.
Dated:

June 27, 2014
UNITED STATES MAGISTRATE JUDGE

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