Fisher v. Director of OPS of CDCR

Filing 33

ORDER denying 32 Motion Accepting Appointment of Counsel signed by Magistrate Judge Barbara A. McAuliffe on 11/24/2014. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY FRANCIS FISHER,

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Plaintiff,
v.
DIRECTOR OF OPS OF CDCR,
Defendant.

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Case No.: 1:14-cv-00901-BAM PC
ORDER DENYING PLAINTIFF’S MOTION
ACCEPTING APPOINTMENT OF COUNSEL
(ECF No. 32)

Plaintiff Gary Francis Fisher (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on June

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20, 2013, in the Northern District of California. On June 2, 2014, the Northern District court reopened

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the action and directed Plaintiff to file a complaint. (ECF No. 16.) Plaintiff filed an amended

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complaint on June 10, 2014. (ECF No. 18.) On the same date, the matter was transferred to this

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Court. (ECF No. 19.)

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On August 15, 2014, Plaintiff filed a motion seeking the appointment of counsel. (ECF No.

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30.) Following consideration of Plaintiff’s request, the Court denied Plaintiff’s motion for the

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appointment of counsel without prejudice on October 7, 2014. (ECF No. 31.)

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On November 20, 2014, Plaintiff filed the document titled “Motion Accepting Appointment of

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Counsel.” In the motion, Plaintiff asserts that he was “given counsel a month or so back.” (ECF No.

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32.) Plaintiff is incorrect. As noted above, the Court denied Plaintiff’s motion requesting the
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appointment of counsel on October 7, 2014. Accordingly, Plaintiff’s motion accepting the

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appointment of counsel is HEREBY DENIED as moot.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 24, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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