Kelly v. Sao et al

Filing 15

ORDER DENYING 14 Motion to Appoint Counsel in Closed Case signed by Magistrate Judge Erica P. Grosjean on 5/17/2019. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:18-cv-000484-EPG (PC)
JAMES CARL KELLY,
Plaintiff,

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(ECF No. 14)

v.

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ORDER DENYING APPOINTMENT OF
COUNSEL IN CLOSED CASE

DR. SAO, et al.,

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Defendants.

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Plaintiff, a state prisoner, filed this 42 U.S.C. § 1983 action pro se and proceeded in this

16 action in forma pauperis pursuant to 28 U.S.C. § 1915. Before the Court is Plaintiff’s motion for
17 appointment of counsel. (ECF No. 14.)
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On October 16, 2018, this action was dismissed for failure to state a claim, with the

19 federal claims dismissed with prejudice and the state claims without prejudice; judgment was
20 entered; and the case was closed. (ECF Nos. 12, 13.) On May 15, 2019, Plaintiff filed his motion
21 to appoint counsel. As case was closed seven months ago, there is no basis for appointing
22 counsel. Accordingly,
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IT IS ORDERED that Plaintiff’s motion for appointment of counsel (ECF No. 14) is

24 DENIED.
IT IS SO ORDERED.
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Dated:

May 17, 2019

/s/
UNITED STATES MAGISTRATE JUDGE