Reyes v. Mitchell et al

Filing 11

ORDER signed by Magistrate Judge Gregory G. Hollows on 03/28/11 DENYING 9 Motion; Plaintiff must file an application to proceed in forma pauperis within 14 days of service of this order or the undersigned will recommend that this action be dismissed. (Williams, D)

Download PDF
-GGH (PC) Reyes v. Mitchell et al Doc. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. R. MITCHELL, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. On February 23, 2011, plaintiff's request for appointment of counsel was denied and he was ordered to file an application to proceed in forma pauperis in thirty days. Plaintiff has not filed an application to proceed in forma pauperis and has instead again requested counsel because he is incompetent and unable to file the application himself. Plaintiff has also requested a competency hearing. Plaintiff's request for counsel is denied for the same reasons set forth in the February 23, 2011, order. Nor is plaintiff's competency an issue in this case for screening. If plaintiff wishes to proceed with this case he must file an application to proceed in forma pauperis and then the court will screen the complaint. Plaintiff will be granted 14 days from service of this order to file an application to proceed in forma pauperis. 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DAVID REYES, Plaintiff, No. CIV S-11-0219 GGH P ORDER 1 2 3 4 5 6 In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiff's March 15, 2011, motion is denied; 2. Plaintiff must file an application to proceed in forma pauperis within 14 days of service of this order or the undersigned will recommend that this action be dismissed. DATED: March 28, 2011 /s/ Gregory G. Hollows 7 8 9 GGH: AB GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE reye0219.ord 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?