Venable v. Patel

Filing 77

ORDER DENYING 75 Motion to Appoint Counsel, signed by Magistrate Judge Barbara A. McAuliffe on 12/14/2021. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELVIS VENABLE,

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Plaintiff,

Case No. 1:17-cv-01519-BAM (PC)
ORDER DENYING MOTION TO APPOINT
COUNSEL

v.
(ECF No. 75)
PATEL,
Defendant.

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Plaintiff Elvis Venable (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s claim against Defendant Patel for nominal, compensatory, and punitive damages

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resulting from Defendant Patel’s alleged violation of Plaintiff’s Eighth Amendment rights. All

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parties have consented to Magistrate Judge jurisdiction. (ECF No. 44.) This case is set for a jury

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trial commencing February 14, 2022.

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Plaintiff filed a motion to appoint counsel on December 6, 2021, and the Court issued an
order denying the motion on December 13, 2021. (ECF Nos. 70, 74.)
Currently before the Court is Plaintiff’s renewed motion to appoint counsel, filed

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December 13, 2021. (ECF No. 75.) Plaintiff has not provided any additional information in

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support of his request for counsel, and it appears that Plaintiff’s renewed motion has crossed in

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the mail with the Court’s order denying the original motion. Accordingly, Plaintiff’s renewed
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motion to appoint counsel is denied for the reasons stated in the Court’s December 13, 2021

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order. (ECF No. 74.)

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Accordingly, Plaintiff’s renewed motion to appoint counsel, (ECF No. 75), is HEREBY
DENIED, without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 14, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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