Mundo v. Carmona et al

Filing 56

ORDER DENYING 55 Motion to Appoint Counsel, signed by Magistrate Judge Michael J. Seng on 4/6/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JONATHAN W. MUNDO,
Plaintiff,

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Case No. 1:16-cv-01687-AWI-MJS
(PC)
ORDER DENYING RENEWED
MOTION TO APPOINT COUNSEL

v.
HECTOR CARMONA, et al.,

(ECF No. 55)

Defendants.
Plaintiff, a prisoner proceeding pro se and in forma pauperis, filed this civil rights

17 action pursuant to 42 U.S.C. § 1983 on November 7, 2016. (ECF No. 1.) On March 26,
18 2018, the parties filed a stipulation of dismissal signed by Plaintiff and David Carrasco,
19 counsel for Defendants. (ECF No. 53.) Plaintiff signed the stipulation on March 13, 2018.
20 (Id.) Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) the action was terminated
21 by operation of law, all pending dates and matters were vacated, and the Clerk of Court
22 closed the case. (ECF No. 54.)
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On April 2, 2018, however, Plaintiff filed a renewed motion to appoint counsel.

24 (ECF No. 55.) he there acknowledges signing the settlement agreement, but says he is
25 still receiving discovery requests and needs counsel to help him “better negotiate a
26 settlement and/or prepare a defense/case for an evidentiary hearing/trial.” (Id.) Plaintiff
27 attaches copies of letters and documents confirming the settlement and disposition of the
28 case (Id. at 3 & 4).

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While a court may request voluntary assistance of counsel pursuant to section

3 1915(e)(1) in certain exceptional circumstances, Rand, 113 F.3d at 1525, such
4 circumstances are not present here where the case has already been settled and
5 dismissed. Accordingly, there is no need to appoint counsel for Plaintiff. There is indeed
6 no action still pending in which counsel could be appointed.
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For the foregoing reasons, IT IS HEREBY ORDERED that Plaintiff’s renewed

8 motion to appoint counsel is DENIED.
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IT IS SO ORDERED.
Dated:

April 6, 2018

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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