(PC) Taylor v. Lynch et al

Filing 38

ORDER signed by Magistrate Judge Kendall J. Newman on 11/18/2022 DENYING 36 Motion to Appoint Counsel without prejudice; VACATING 35 discovery and scheduling order set for 11/14/2022; and STAYING CASE for 3 months. CASE CLOSED. (Perdue, C.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CODY RICHARD TAYLOR, 12 Plaintiff, 13 14 No. 2:21-cv-2413 KJN P v. ORDER JEFF LYNCH, et al., 15 Defendants. 16 Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C. 17 18 § 1983. Plaintiff renewed his request that the court appoint counsel. He is currently housed in a 19 mental health crisis bed following a recent suicide attempt. Plaintiff is without access to his legal 20 materials, the law library, or any of the jailhouse lawyers who were assisting plaintiff with this 21 case. 22 Given plaintiff’s mental health status, the court finds it appropriate to stay this action until 23 plaintiff’s condition stabilizes. Even if appointment of voluntary counsel were appropriate, which 24 the court has previously determined it was not (ECF Nos. 14, 21), such appointment would be 25 ineffective inasmuch as plaintiff is unable to assist counsel at this time. Accordingly, the 26 undersigned stays this action for three months. The discovery and scheduling order is vacated 27 and will be re-issued once plaintiff’s condition stabilizes. Plaintiff may move the court to lift the 28 stay at any point he is released from the crisis bed and regains his ability to access his legal 1 1 materials. Unless plaintiff has earlier moved to lift the stay, plaintiff shall file a status report as to 2 his housing and access to his legal materials within three months from the date of this order. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Plaintiff’s motion for the appointment of counsel (ECF No. 36) is denied without 5 prejudice; 6 2. The November 14, 2022 discovery and scheduling order (ECF No. 35) is vacated; 7 3. This action is administratively stayed for three months; and 8 4. The Clerk of the Court shall administratively terminate this action. 9 Dated: November 18, 2022 10 11 12 13 /tayl2413.31(3) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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