Watson v. Ndoh et al

Filing 27

ORDER DENYING 24 Motion to Appoint Counsel as More Properly Brought at the Ninth Circuit signed by Magistrate Judge Gary S. Austin on 4/11/2018. cc: Ninth Circuit Court of Appeals. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 1:17-cv-00063-AWI-GSA (PC) Appeal case number 18-15607 DAVID WATSON, Plaintiff, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL AS MORE PROPERLY BROUGHT AT THE NINTH CIRCUIT v. ROSEMARY NDOH, et al., (Document# 24) Defendants. 16 17 18 19 Plaintiff, David Watson, is proceeding pro se with this civil rights action pursuant to 42 20 U.S.C. § 1983. On March 23, 2018, this case was dismissed, with prejudice, for failure to state a 21 claim, and judgment was entered. (ECF Nos. 21, 22.) 22 On April 9, 2018, Plaintiff filed a notice of appeal to the Ninth Circuit Court of Appeals, 23 which was opened at the Ninth Circuit as case number 18-15607. (ECF No. 23.) On April 9, 24 2018, plaintiff filed a motion for appointment of counsel. (ECF No. 24.) 25 In light of the fact that Plaintiff is now proceeding on appeal, the court finds that 26 Plaintiff’s motion for counsel is more properly brought at the Ninth Circuit Court of Appeals. 27 Therefore, Plaintiff’s motion for appointment of counsel shall be denied, without prejudice to 28 filing the motion at the Ninth Circuit. 1 1 For the foregoing reasons, IT IS HEREBY ORDERED that: 2 1. 3 4 Plaintiff=s motion for the appointment of counsel is DENIED, without prejudice to filing the motion at the Ninth Circuit Court of Appeals; and 2. The Clerk is directed to serve a copy of this order on the Ninth Circuit. 5 6 7 IT IS SO ORDERED. Dated: April 11, 2018 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 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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