(PC) Sierra v. Covello et al

Filing 24

ORDER signed by Magistrate Judge Kendall J. Newman on 5/22/2023 GRANTING plaintiff's 23 motion, construed as a request for extension of time, and DENYING, without prejudice, plaintiff's 23 renewed motion for appointment of counsel. Plaintiff has 30 days to file a second amended complaint that complies with this court's 4/21/2023 order. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANCISCO SIERRA,

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Plaintiff,

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No. 2:22-cv-0488 TLN KJN P

v.

ORDER

PATRICK COVELLO, 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. On May 18, 2023, plaintiff filed a document entitled “Motion for Injunctive

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Relief and Appointment of Counsel.” (ECF No. 23.) However, plaintiff’s filing does not

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comport with the May 2, 2023 order which provided the standards governing requests for

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injunctive relief. But more importantly, there remains no operative pleading on file. Plaintiff

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failed to file his second amended complaint as required by the April 21, 2023 order. (ECF No.

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20.)

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For the reasons stated herein, plaintiff’s renewed motion is denied without prejudice.
Plaintiff’s Motion

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Plaintiff’s sets forth a generalized background of his incarceration since 2006,

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complaining of retaliatory incidents, frivolous rules violation reports and other issues he has

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suffered while housed at High Desert State Prison and then Mule Creek State Prison. But he
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provides no specific facts attributed to an individual defendant to assist the court in determining

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the nature of his request, if any. At the end of his filing, he claims he will send along his second

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amended suit “upon receipt of these documents.” (ECF No. 23 at 2.) But it is unclear to what

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documents he refers.

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In an abundance of caution, the court construes plaintiff’s filing as a request for extension
of time to file his second amended complaint.
Plaintiff does not request the appointment of counsel in the text of his filing, but to the

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extent he renews his motion for appointment of counsel, the motion is denied for the reasons set

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forth in the May 2, 2023 order. (ECF No. 22.)

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Accordingly, IT IS HEREBY ORDERED:

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1. Plaintiff’s motion (ECF No. 23) is construed as a request for extension of time to file a

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second amended complaint, and is granted;
2. Plaintiff is granted thirty days in which to file a second amended complaint that
complies with this court’s April 21, 2023 order; and
3. Plaintiff’s renewed motion for appointment of counsel (ECF No. 23) is denied without

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prejudice.

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Dated: May 22, 2023

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