Chess v. Dovey et al

Filing 172

ORDER signed by Magistrate Judge Dale A. Drozd on 7/16/2012 ORDERING that plaintiff's 170 motion for an extension of time to file an appeal is DENIED as unnecessary; and plaintiff's 171 motion for appointment of counsel is DENIED without prejudice to refiling it before the Ninth Circuit of Appeals. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL CHESS,

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Plaintiff,

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vs.

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No. 2:07-cv-1767 DAD P

J. DOVEY, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding pro se with this civil rights action seeking

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relief under 42 U.S.C. § 1983. On June 27, 2012, the jury in this case returned a verdict in favor

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of defendants, and the court entered judgment accordingly. Pending before the court is plaintiff’s

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motion for an extension of time to file an appeal as well as plaintiff’s motion for appointment of

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counsel on appeal.

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On July 3, 2012, plaintiff filed a timely notice of appeal, and the court began

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processing his appeal. The United States Court of Appeals for the Ninth Circuit will set a

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schedule governing the appeal in due course. As such, the court will deny plaintiff’s motion for

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an extension of time to file an appeal as unnecessary. As to plaintiff’s motion for appointment of

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counsel, the court will deny this motion without prejudice to its refiling by plaintiff before the

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Ninth Circuit Court of Appeals.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for an extension of time to file an appeal (Doc. No. 170) is

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denied as unnecessary; and

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2. Plaintiff’s motion for appointment of counsel (Doc. No. 171) is denied without

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prejudice to refiling it before the Ninth Circuit Court of Appeals.

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DATED: July 16, 2012.

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DAD:9
ches1767.appeal

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