Lear v. Biter et al

Filing 20

ORDER DENYING 18 Motion to Delay Consideration of Motion for Appointment of Counsel, signed by Magistrate Judge Michael J. Seng on 2/16/16. (Marrujo, C)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 RODERICK WILLIAM LEAR, 13 14 15 16 Case No. 1:15-cv-01903-MJS (PC) Plaintiff, ORDER DENYING MOTION TO DELAY CONSIDERATION OF MOTION FOR APPOINTMENT OF COUNSEL v. MARTIN BITER, et al., (ECF No. 18) Defendants. 17 18 19 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 20 rights action brought pursuant to 28 U.S.C. § 1983. On February 3, 2016, Plaintiff filed a 21 motion for appointment of counsel. (ECF No. 14.) His motion was denied without 22 prejudice on February 12, 2016. (ECF No. 17.) 23 Almost simultaneously with the denial of his motion, Plaintiff filed a motion 24 requesting that the Court delay consideration of his motion for appointment of counsel 25 until after his amended complaint is filed. (ECF No. 18.) 26 27 28 Because Plaintiff’s motion for appointment of counsel already has been denied, the request to delay consideration of that motion is moot. Accordingly, Plaintiff’s motion 1 to delay consideration of his motion for appointment of counsel is HEREBY DENIED. 2 3 4 IT IS SO ORDERED. Dated: February 16, 2016 /s/ 5 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 6 7 8 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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