Penn v. McDonald et al

Filing 94

ORDER denying 93 Motion to Appoint Counsel signed by Magistrate Judge John F. Moulds on 08/08/11. (Plummer, M)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MARLIN PENN, Plaintiff, 10 11 12 No. 2:09-cv-2443 KJM JFM (PC) vs. WARDEN McDONALD, et al., Defendants. 13 ORDER / 14 On July 21, 2011, the Honorable Kimberly J. Mueller adopted the undersigned’s 15 16 March 28, 2011 findings and recommendations recommending that defendants’ motion for 17 summary judgment be granted. Judgment was entered accordingly. On July 29, 2011, plaintiff 18 filed a motion to appoint counsel so as to correct certain alleged factual inaccuracies in 19 defendants’ motion for summary judgment. Because this matter is now closed, IT IS HEREBY 20 ORDERED that plaintiff’s motion to appoint counsel is denied as moot. 21 DATED: August 8, 2011. 22 23 24 25 /014;penn2443.31 26 1

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