Rhodes v. Fresno County, et al.

Filing 96

ORDER Denying as Moot Plaintiff's 95 Motion to Appoint Counsel signed by Magistrate Judge Stanley A. Boone on 08/02/2019. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PERCY LEE RHODES,

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Plaintiff,
v.
FRESNO COUNTY, et al.,

Case No. 1:15-cv-01714-DAD-SAB (PC)
ORDER DENYING AS MOOT PLAINTIFF’S
REQUEST FOR APPOINTMENT OF
COUNSEL
(ECF No. 95)

Defendants.

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On October 25, 2015, Plaintiff Percy Lee Rhodes filed the instant action pursuant to 42

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U.S.C. § 1983. (ECF No. 1.) On August 20, 2018, Plaintiff filed a notice of dismissal pursuant to

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Federal Rule of Civil Procedure 41(a). (ECF No. 89.) Defendants filed a statement of non-

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opposition to Plaintiff’s request for dismissal. (ECF No. 91.) On August 28, 2018, the Court issued

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an order directing the Clerk of Court to close this case pursuant to the parties’ stipulation for

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voluntary dismissal, and this case was closed the same day. (ECF No. 92.)

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On July 26, 2019, Plaintiff filed a motion to reopen this case under Federal Rule of Civil

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Procedure 60(b). (ECF No. 93.) On August 1, 2019, the Court denied Plaintiff’s motion to reopen

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this case. (ECF No. 94).

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Currently before the Court is Plaintiff’s request for the appointment of counsel, filed on July

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31, 2019. (ECF No. 95). Plaintiff asserts that he needs the assistance of counsel because he is a

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novice at law, has no formal legal training, is taking medication for his medical problems, and this
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case involves multiple defendants and complex legal and medical issues.

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However, this case was closed on August 28, 2018. (ECF No. 92.) Further, since the Court

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denied Plaintiff’s motion to reopen this case on August 1, 2019, this case remains closed. (ECF

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No. 94.) Accordingly, Plaintiff’s request for appointment of counsel, (ECF No. 95), is HEREBY

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DENIED as moot.

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IT IS SO ORDERED.
Dated:

August 2, 2019
UNITED STATES MAGISTRATE JUDGE

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