Kabede v. Pleasant Valley State Prison Warden, et al.

Filing 25

ORDER DENYING Plaintiff's 24 Motion to Reverse Judgment, Re-Serve Court Order and Appoint Counsel signed by Magistrate Judge Barbara A. McAuliffe on 10/27/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WONDIYRAD KABEDE,

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Plaintiff,

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v.
PLEASANT VALLEY STATE PRISON
WARDEN, et al.,
Defendants.

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1:15-cv-00635-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO REVERSE JUDGMENT, RE-SERVE
COURT ORDER AND APPOINT COUNSEL
(ECF No. 24)

Plaintiff Wondiyrad Kabede (“Plaintiff”) is state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. On July 6, 2015, Plaintiff consented to the

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jurisdiction of a Magistrate Judge. (ECF No. 19.)
On October 16, 2015, upon Plaintiff’s motion, the Court vacated its order dismissing this

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action, ordered re-service of its August 3, 2015 screening order, and denied his request for the

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appointment of counsel. (ECF No. 23.)

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On October 21, 2015, Plaintiff re-filed a motion requesting the same relief that the Court

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partially granted in its October 16, 2015 order. (ECF No. 24.) It appears the Court’s order and

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Plaintiff’s motion crossed in the mail. To the extent that the relief Plaintiff is re-requesting was

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already granted by the Court’s prior order, his motion is denied as moot. His request for the

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appointment of counsel is denied without prejudice for the reasons explained in the October 21,

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2015 order.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion to reverse judgment, reserve court order, and to appoint counsel (ECF No. 24) is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 27, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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