(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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCISCO SIERRA, 12 Plaintiff, 13 14 No. 2:22-cv-0488 TLN KJN P v. ORDER PATRICK COVELLO, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. On May 18, 2023, plaintiff filed a document entitled “Motion for Injunctive 19 Relief and Appointment of Counsel.” (ECF No. 23.) However, plaintiff’s filing does not 20 comport with the May 2, 2023 order which provided the standards governing requests for 21 injunctive relief. But more importantly, there remains no operative pleading on file. Plaintiff 22 failed to file his second amended complaint as required by the April 21, 2023 order. (ECF No. 23 20.) 24 25 For the reasons stated herein, plaintiff’s renewed motion is denied without prejudice. Plaintiff’s Motion 26 Plaintiff’s sets forth a generalized background of his incarceration since 2006, 27 complaining of retaliatory incidents, frivolous rules violation reports and other issues he has 28 suffered while housed at High Desert State Prison and then Mule Creek State Prison. But he 1 1 provides no specific facts attributed to an individual defendant to assist the court in determining 2 the nature of his request, if any. At the end of his filing, he claims he will send along his second 3 amended suit “upon receipt of these documents.” (ECF No. 23 at 2.) But it is unclear to what 4 documents he refers. 5 6 7 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 8 extent he renews his motion for appointment of counsel, the motion is denied for the reasons set 9 forth in the May 2, 2023 order. (ECF No. 22.) 10 Accordingly, IT IS HEREBY ORDERED: 11 1. Plaintiff’s motion (ECF No. 23) is construed as a request for extension of time to file a 12 13 14 15 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 16 prejudice. 17 Dated: May 22, 2023 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?