(PC) Davis v. Herrera et al

Filing 15

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MALIK DAVIS, 12 13 14 No. 1:24-cv-00896 GSA (PC) Plaintiff, v. JASMIN HERRERA, et al., 15 ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL AS DUPLICATIVE (See ECF Nos. 11, 13) Defendants. 16 17 On 1/24/25 Plaintiff filed another request for the appointment of counsel. ECF No. 13. 18 This is the second motion for the appointment of counsel that he has filed in less than a month. 19 See ECF No. 11 (appointment of counsel request docketed 12/30/24). 20 On January 7, 2025, the Court denied Plaintiff’s first-filed appointment of counsel request. 21 ECF No. 12. Given that: (1) Plaintiff signed the instant appointment of counsel request on 22 January 19, 2025 (see ECF No. 13); (2) the two requests are virtually identical in content, and (3) 23 it does not appear that Plaintiff’s circumstances have changed since he filed the first request, the 24 Court assumes that its denial of Plaintiff’s first request (ECF Doc. 11), and this instant second 25 request crossed in the mail. Therefore, this second appointment of counsel request will be denied 26 as duplicative. 27 28 1 1 2 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for the appointment of counsel (ECF No. 13) is DENIED as duplicative. 3 4 5 6 IT IS SO ORDERED. Dated: January 28, 2025 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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