Harmston v. California Department of Health Care Services

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/15/15 ORDERING that Plaintiffs request for appointment of counsel is denied without prejudice;If plaintiff intends to proceed in this action, a complaint must be filed no later than October 16, 2015. The complaint must comply with the requirements of the Federal Rules of Civil Procedure, and the Local Rules of Practice; failure to file a complaint in accordance with this order will result in a recommendation that this action be dismissed w ithout prejudice;If plaintiff intends to proceed in this action, plaintiff shall submit no later than October 16, 2015, either a completed application and affidavit in support of a request to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LYNN HARMSTON,

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Plaintiff,

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No. 2:15-cv-1925 GEB CKD PS

v.

ORDER

CALIFORNIA DEPARTMENT OF
HEALTH CARE SERVICES,
Defendant.

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Plaintiff has filed a motion to appoint counsel.1 The motion to appoint counsel was not

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accompanied by a complaint nor was the filing fee paid. On the present state of the pleadings, the

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court cannot determine whether appointment of counsel is warranted. See Bradshaw v.

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Zoological Soc. of San Diego, 662 F.2d 1301, 1319 (9th Cir. 1981) (in exercising discretion as to

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whether to appoint counsel in Title VII case under 42 U.S.C. § 2000-5(f)(1)(B), court should

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consider plaintiff’s financial resources, efforts made by plaintiff to secure counsel, and whether

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plaintiff’s claims have merit). The request to appoint counsel will therefore be denied.
Plaintiff is advised that he may proceed in this matter without counsel. If plaintiff intends

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to proceed in this action, a complaint must be filed. In addition, plaintiff must either pay the
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Plaintiff asserts that he has sought legal counsel from a variety of sources. Plaintiff is advised
that there is a Community Legal Services program at McGeorge School of Law.
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filing fee or file an application to proceed without prepayment of fees. See 28 U.S.C. §§ 1914(a),

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1915(a).

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for appointment of counsel is denied without prejudice.

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2. If plaintiff intends to proceed in this action, a complaint must be filed no later than

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October 16, 2015. The complaint must comply with the requirements of the Federal Rules of

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Civil Procedure, and the Local Rules of Practice; failure to file a complaint in accordance with

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this order will result in a recommendation that this action be dismissed without prejudice.

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3. If plaintiff intends to proceed in this action, plaintiff shall submit no later than October

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16, 2015, either a completed application and affidavit in support of a request to proceed in forma

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pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; plaintiff’s

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failure to comply with this order will result in a recommendation that this action be dismissed

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without prejudice.

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Dated: September 15, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 harmston1925.cou.ifp.inc

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