Dillingham v. Garcia et al

Filing 47

ORDER on Plaintiff's 46 Objections to Findings and Recommendations, signed by Magistrate Judge Erica P. Grosjean on 5/31/19. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERRY DILLINGHAM,

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Plaintiff,
v.
F. GARCIA,

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Case No. 1:18-cv-00579-LJO-EPG (PC)
ORDER ON PLAINTIFF’S
OBJECTIONS TO FINDINGS AND
RECOMMENDATIONS
(ECF NO. 46)

Defendant.

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Jerry Dillingham (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983.
On May 28, 2019, Plaintiff filed “Objections to Magistrate Judge Erica P. Grosjean

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Findings and Recommendations Order (Dkt. No. 37.)”. (ECF No. 46). Plaintiff asks that no

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settlement conference be set at this time, and that he be appointed counsel.

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While the Court did not issue findings and recommendations, it will address Plaintiff’s

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“objections.” As to Plaintiff’s request that no settlement conference be set at this time, the

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Court will not be setting a settlement conference at this time.

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As to Plaintiff’s request for counsel, it is DENIED. The Court is still unable to make a

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determination that Plaintiff is likely to succeed on the merits of his claims. Moreover, with the

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assistance Plaintiff is currently getting, it appears that Plaintiff is able to adequately articulate

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his claims.
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Plaintiff is advised that he is not precluded from renewing his motion for appointment
of pro bono counsel at a later stage of the proceedings.

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IT IS SO ORDERED.
Dated:

May 31, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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