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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