Ramirez v. Haffner et al

Filing 96

ORDER signed by Magistrate Judge Kendall J. Newman on 1/10/18 DENYING 93 , 95 plaintiff's motions without prejudice. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAUL ENRIQUE RAMIREZ,

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No. 2:14-cv-2079 GEB KJN P

Plaintiff,
v.

ORDER

GARY HAFFNER, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C.

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§ 1983. Following resolution of the motion for summary judgment, this action proceeds on

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plaintiff’s Eighth Amendment claims against defendants Fleming, Guerra and Wilson. On

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December 18, 2017, plaintiff filed a request for 60 day extension of time in which to file a pretrial

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statement, and filed a request for appointment of counsel, primarily to prepare plaintiff’s pretrial

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statement, prepare the case for trial, including obtaining witnesses, and to try the case. However,

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this case is set for settlement conference on January 30, 2018. In light of that setting, the further

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scheduling order was vacated, and plaintiff was thus relieved of his obligation to file a pretrial

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statement at this time. Thus, plaintiff’s request for an extension of time is denied as moot.

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Similarly, if this action settled on January 30, 2018, appointment of counsel will not be

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necessary. Therefore, plaintiff’s motion for appointment of counsel is denied without prejudice to

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its renewal following the January 30 settlement conference. Plaintiff is not required to re-file the
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entire request, but may simply file a one page request to renew his prior motion for appointment

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counsel (ECF No. 93).

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motions (ECF Nos. 93, 95) are

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denied without prejudice.

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Dated: January 10, 2018

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/rami2079.31.kjn

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