(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CODY RICHARD TAYLOR,

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Plaintiff,

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No. 2:21-cv-2413 KJN P

v.

ORDER

JEFF LYNCH, et al.,

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Defendants.

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

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§ 1983. Plaintiff renewed his request that the court appoint counsel. He is currently housed in a

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mental health crisis bed following a recent suicide attempt. Plaintiff is without access to his legal

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materials, the law library, or any of the jailhouse lawyers who were assisting plaintiff with this

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case.

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Given plaintiff’s mental health status, the court finds it appropriate to stay this action until

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plaintiff’s condition stabilizes. Even if appointment of voluntary counsel were appropriate, which

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the court has previously determined it was not (ECF Nos. 14, 21), such appointment would be

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ineffective inasmuch as plaintiff is unable to assist counsel at this time. Accordingly, the

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undersigned stays this action for three months. The discovery and scheduling order is vacated

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and will be re-issued once plaintiff’s condition stabilizes. Plaintiff may move the court to lift the

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stay at any point he is released from the crisis bed and regains his ability to access his legal
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materials. Unless plaintiff has earlier moved to lift the stay, plaintiff shall file a status report as to

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his housing and access to his legal materials within three months from the date of this order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for the appointment of counsel (ECF No. 36) is denied without

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prejudice;

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2. The November 14, 2022 discovery and scheduling order (ECF No. 35) is vacated;

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3. This action is administratively stayed for three months; and

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4. The Clerk of the Court shall administratively terminate this action.

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Dated: November 18, 2022

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/tayl2413.31(3)

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