Gray v. Bjornsen. et al

Filing 31

ORDER signed by Magistrate Judge Kendall J. Newman on 10/20/2017 DENYING 30 Request for Appointment of Counsel to Represent Plaintiff at the Settlement Conference. Plaintiff is relieved of any obligation to file a statement prior to the settlement conference. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT GRAY,

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No. 2: 16-cv-0728 KJN P
Plaintiff,

v.

ORDER

B. BJORNSEN, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. This action is set for a settlement conference before the undersigned on

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October 26, 2017.

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On October 18, 2017, plaintiff filed a letter with the court stating that he was recently

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transferred to a new prison yard. (ECF No. 30.) Plaintiff alleges that because of this transfer, he

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is no longer housed with the prisoner who assisted him in prosecuting this action. (Id.) Plaintiff

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alleges that he is unable to prepare the settlement statement on his own. (Id.) Based on these

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circumstances, plaintiff requests that the court appoint legal representation to assist him at the

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settlement conference. (Id.)

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The undersigned finds that appointment of counsel to assist plaintiff at the settlement

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conference is not warranted. Plaintiff has not demonstrated that exception circumstances exist

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warranting appointment of counsel. See 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d
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1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). The

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settlement conference may be conducted without a settlement statement from plaintiff.

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

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counsel to represent him at the settlement conference (ECF No. 30) is denied. Plaintiff is relieved

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of any obligation to file a statement prior to the settlement conference.

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Dated: October 20, 2017

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Gray728.den

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