Walters v. Mason et al

Filing 9

ORDER signed by Magistrate Judge Kendall J. Newman on 5/20/15 ORDERING that plaintiffs motions for the appointment of counsel (ECF Nos. 3 , 8 ) are denied without prejudice. (Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ANDREW WALTERS,

12
13
14
15

No. 2:15-cv-0824 MCE KJN P

Plaintiff,
v.

ORDER

DAVID A. MASON, et al.,
Defendants.

16
17

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

18

1983. Plaintiff has filed two motions for appointment of counsel in this action However, on

19

April 28, 2015, the undersigned recommended that this action be dismissed because the complaint

20

filed in the instant action contains virtually identical allegations to the complaint plaintiff filed in

21

Case No. 2:15-cv-0822 KJM CMK, which is still pending. If plaintiff believes he is entitled to

22

the appointment of counsel based on the allegations contained in such complaint, he must file a

23

motion in the action plaintiff filed first: Walters v. Mason, et al., Case No. 2:15-cv-0822 KJM

24

CMK. Plaintiff may not pursue the same allegations in two different cases at the same time.

25

Accordingly, IT IS HEREBY ORDERED that plaintiff’s motions for the appointment of

26

counsel (ECF Nos. 3, 8) are denied without prejudice.

27

Dated: May 20, 2015

28
1