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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
RAUL ENRIQUE RAMIREZ,
12
13
14
15
No. 2:14-cv-2079 GEB KJN P
Plaintiff,
v.
ORDER
GARY HAFFNER, et al.,
Defendants.
16
17
Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C.
18
§ 1983. Following resolution of the motion for summary judgment, this action proceeds on
19
plaintiff’s Eighth Amendment claims against defendants Fleming, Guerra and Wilson. On
20
December 18, 2017, plaintiff filed a request for 60 day extension of time in which to file a pretrial
21
statement, and filed a request for appointment of counsel, primarily to prepare plaintiff’s pretrial
22
statement, prepare the case for trial, including obtaining witnesses, and to try the case. However,
23
this case is set for settlement conference on January 30, 2018. In light of that setting, the further
24
scheduling order was vacated, and plaintiff was thus relieved of his obligation to file a pretrial
25
statement at this time. Thus, plaintiff’s request for an extension of time is denied as moot.
26
Similarly, if this action settled on January 30, 2018, appointment of counsel will not be
27
necessary. Therefore, plaintiff’s motion for appointment of counsel is denied without prejudice to
28
its renewal following the January 30 settlement conference. Plaintiff is not required to re-file the
1
1
entire request, but may simply file a one page request to renew his prior motion for appointment
2
counsel (ECF No. 93).
3
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motions (ECF Nos. 93, 95) are
4
denied without prejudice.
5
Dated: January 10, 2018
6
7
8
/rami2079.31.kjn
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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?