(PC) Morehead v. Unknown

Filing 16

ORDER DENYING PLANTIFF'S 15 Motion to Appoint Counsel AS MOOT, signed by Magistrate Judge Stanley A. Boone on 11/8/18. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSIE MOREHEAD,

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Plaintiff,

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v.

ORDER DENYING PLAINTIFF’S MOTION FOR
APPOINTMENT OF COUNSEL AS MOOT
[ECF No. 15]

UNKNOWN,

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Case No.: 1:18-cv-01433-SAB (PC)

Defendant.

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On September 13, 2018, Plaintiff filed this civil rights action pursuant to 42 U.S.C. § 1983, in

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the United States District Court for the Eastern District of California. (ECF No. 1.)

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On October 17, 2018, the action was transferred to this Court. (ECF No. 6.)

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On October 30, 2018, Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule of

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Civil Procedure 41(a)(1)(i). (ECF No. 10.) Plaintiff indicated that he simply wrote a letter to the Court

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and did not wish to open a new case. (Id.) Based on Plaintiff’s absolute right to dismiss the case under

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Rule 41, on November 2, 2018, the Court directed the Clerk of Court to terminate this action based on

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Plaintiff’s request to dismiss the action. (ECF No. 12.)

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On November 5, 2018, Plaintiff filed a motion for appointment of counsel. (ECF No. 15.)

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Because this action was terminated based on Plaintiff’s clear representation that he wished to

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voluntary dismiss the action, Plaintiff’s present motion for appointment of counsel is denied as moot.

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IT IS SO ORDERED.

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Dated:

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November 8, 2018
UNITED STATES MAGISTRATE JUDGE

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