Smith v. Hutchinson et al

Filing 88

ORDER DIRECTING the Clerk's Office to Forward Plaintiff's 84 Motion to Appoint Counsel to the Court of Appeals, signed by Magistrate Judge Jeremy D. Peterson on 10/17/19. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TOY TERRELL SMITH, 12 Plaintiff, 13 14 v. Case No. 1:16-cv-01924-LJO-JDP ORDER DIRECTING THE CLERK’S OFFICE TO FORWARD PLAINTIFF’S MOTION TO APPOINT COUNSEL TO THE COURT OF APPEALS HUTCHINSON, et al., ECF No. 84 15 Defendants. 16 Plaintiff Toy Terrell Smith is a state prisoner proceeding without counsel in this civil 17 18 rights action brought under 42 U.S.C. § 1983. Smith has filed both a notice of appeal and a 19 motion to appoint counsel for the appellate proceeding. See ECF Nos. 84 and 85. Because the 20 merits of the motion for counsel are most appropriately handled by the appellate court in which 21 Smith will be proceeding, I direct the clerk’s office to forward Smith’s motion to the court of 22 appeals. 23 24 IT IS SO ORDERED. 25 Dated: 26 October 17, 2019 UNITED STATES MAGISTRATE JUDGE 27 28 1

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