Fountain v. Lebron et al

Filing 31

ORDER signed by Magistrate Judge Dale A. Drozd on 08/01/11 denying 28 Motion to Appoint Counsel. Plaintiff's document styled, "Plaintiff's opposition to defendant's answer and demand for jury trial 29 filed on 07/26/11 is stricken. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARL FOUNTAIN,
Plaintiff,

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vs.

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No. CIV S-10-2633 KJM DAD P

A. LEBRON, et al.,
Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding pro se with a civil rights action, has

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requested the appointment of counsel. For the reason set forth in the court’s October 6, 2010

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order, the request for the appointment of counsel will be denied. In addition, circumstances

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common to most prisoners, such as lack of legal education and limited law library access, do not

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establish exceptional circumstances that would warrant a request for voluntary assistance of

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counsel.
In addition, on July 26, 2011, plaintiff filed a document styled, “Plaintiff’s

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Opposition To Defendant’s Answer; And Demand For Jury Trial.” Plaintiff is informed that

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Rule 7 of the Federal Rules of Civil Procedure allows the filing of an answer to a complaint, but

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does not authorize the filing of a reply to an answer unless so ordered by the court. The court did

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not issue an order requiring plaintiff to file a reply. Therefore, the document filed by plaintiff’s

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on July 26, 2011 will be stricken.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s July 26, 2011 motion for appointment of counsel (Doc. No. 28) is

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denied; and
2. Plaintiff’s document styled, “Plaintiff’s Opposition To Defendant’s Answer;

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And Demand For Jury Trial” (Doc. No. 29), filed on July 26, 2011, is stricken.

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DATED: August 1, 2011.

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DAD:4
foun2633.31b+

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