(PC) Davis v. Herrera et al
Filing
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ORDER DENYING Motion for Appointment of Counsel as duplicative 11 , 13 signed by Magistrate Judge Gary S. Austin on 1/28/2024. (Deputy Clerk TEL)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MALIK DAVIS,
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No. 1:24-cv-00896 GSA (PC)
Plaintiff,
v.
JASMIN HERRERA, et al.,
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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL AS
DUPLICATIVE
(See ECF Nos. 11, 13)
Defendants.
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On 1/24/25 Plaintiff filed another request for the appointment of counsel. ECF No. 13.
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This is the second motion for the appointment of counsel that he has filed in less than a month.
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See ECF No. 11 (appointment of counsel request docketed 12/30/24).
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On January 7, 2025, the Court denied Plaintiff’s first-filed appointment of counsel request.
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ECF No. 12. Given that: (1) Plaintiff signed the instant appointment of counsel request on
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January 19, 2025 (see ECF No. 13); (2) the two requests are virtually identical in content, and (3)
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it does not appear that Plaintiff’s circumstances have changed since he filed the first request, the
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Court assumes that its denial of Plaintiff’s first request (ECF Doc. 11), and this instant second
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request crossed in the mail. Therefore, this second appointment of counsel request will be denied
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as duplicative.
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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for the appointment of
counsel (ECF No. 13) is DENIED as duplicative.
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IT IS SO ORDERED.
Dated:
January 28, 2025
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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