Mario Molina v. Holland et al

Filing 64

ORDER DENYING Plaintiff's Motion for Appointment of Pro Bono Counsel 63 , signed by Magistrate Judge Erica P. Grosjean on 9/7/2017: Motion is DENIED without prejudice. (Hellings, J)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 MARIO MOLINA, Plaintiff, 13 v. 14 15 K. HOLLAND, et al., Case No. 1:15-cv-01260-DAD-EPG (PC) ORDER DENYING PLAINTIFF’S MOTION FOR APPOINTMENT OF PRO BONO COUNSEL (ECF NO. 63) Defendants. 16 17 18 19 Mario Molina (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 20 with this civil rights action filed pursuant to 42 U.S.C. § 1983. On September 5, 2017, Plaintiff 21 filed a motion for appointment of pro bono counsel. (ECF No. 63). 22 This is Plaintiff’s second motion for appointment of bro bono counsel in less than three 23 months. While Plaintiff was advised that he could renew the motion, he was also advised that it 24 was to be at a “later stage of the proceedings.” (ECF No. 58, p. 2). It appears that nothing has 25 changed since Plaintiff filed a motion for appointment of pro bono counsel (there was, and still is, 26 an upcoming evidentiary hearing on the issue of exhaustion). Accordingly, for the reasons laid 27 out in the Court’s prior order (id.), Plaintiff’s motion for appointment of pro bono counsel will be 28 denied. 1 1 2 3 4 Plaintiff is advised that he is not precluded from renewing the motion for appointment of pro bono counsel at a later stage of the proceedings. For the foregoing reasons, IT IS ORDERED that Plaintiff’s motion for appointment of pro bono counsel is DENIED without prejudice. 5 6 7 8 IT IS SO ORDERED. Dated: September 7, 2017 /s/ 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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