McNeal v. Evert, et al

Filing 211

ORDER signed by Judge Garland E. Burrell, Jr. on 6/3/2015 DENYING 207 Motion for Reconsideration re appointment of counsel. (Zignago, K.)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 McNEAL, 8 9 10 No. 2:05-cv-0441 GEB EFB P Plaintiff, v. ORDER EVERT, et al., 11 Defendants. 12 13 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 14 U.S.C. § 1983. He has filed a motion asking the court to reconsider the magistrate judge’s denial 15 of his motion for appointment of counsel (ECF Nos. 191, 201). ECF No. 207. 16 Local Rule 303 provides for reconsideration of a magistrate judge’s ruling by a district 17 judge. E.D. Cal. L.R. 303(c). Under Rule 303(f), the district judge may reverse a ruling of a 18 magistrate judge only if the ruling is “clearly erroneous or contrary to law.” The court finds that 19 the magistrate judge’s denial of plaintiff’s motion for appointment of counsel was not clearly 20 erroneous or contrary to law. The motion for reconsideration (ECF No. 207) is accordingly 21 DENIED. 22 Dated: June 3, 2015 23 24 25 26 27 28 1

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