Thomas v. Voong

Filing 111

ORDER signed by Magistrate Judge Craig M. Kellison on 02/02/17 denying 108 Motion to Appoint Counsel and denying 109 Motion for reassignment of this action. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JASON LATRELL THOMAS, 12 13 14 15 Plaintiff, vs. ORDER TERRY, et al., Defendants. 16 17 No. 2:12-CV-0471-MCE-CMK-P / Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the court are: (1) plaintiff’s motion for the appointment of 19 counsel (Doc. 108); and (2) plaintiff’s motion for reassignment of this matter to a different 20 Magistrate Judge (Doc. 109). 21 In his motion for the appointment of counsel, plaintiff states that he is not 22 mentally competent to proceed on his own. In support, plaintiff provides a May 25, 2016, letter 23 from Leonard Tauman of the Sacramento County Public Defender indicating that, based on a 24 report by Dr. Cavanaugh, plaintiff was found incompetent to face criminal charges in state court. 25 In particular, Mr. Tauman states that he expects the trial judge to “make arrangements to suspend 26 the proceedings until your present sanity is restored.” It thus appears that, despite a finding in 1 1 May 2016 that plaintiff was not competent to face criminal charges, it was believed that 2 plaintiff’s competence could be restored. Plaintiff’s current motion for the appointment of 3 counsel will be denied without prejudice to renewal accompanied by evidence of plaintiff’s 4 current mental state and ability to proceed with this civil action on his own. 5 Plaintiff seeks reassignment of this action to a different Magistrate Judge. 6 Because plaintiff has not allege any personal bias stemming from an extrajudicial source which 7 could prevent a fair decision, plaintiff’s request will be denied. See 28 U.S.C. § 144; see also 8 Berger v. United States, 255 U.S. 22 (1922). 9 10 11 12 Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff’s motion for the appointment of counsel (Doc. 108) is denied without prejudice; and 2. Plaintiff’s motion for reassignment of this action (Doc. 109) is denied. 13 14 15 16 DATED: February 2, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 2

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