Wilkins v. Ahern

Filing 308

ORDER DENYING PLAINTIFF'S SECOND REQUEST TO LIFT STAY; DENYING PLAINTIFF'S SEVENTH REQUEST FOR APPOINTMENT OF COUNSEL. Signed by Judge Maxine M. Chesney on July 10, 2012. (mmcsecS, COURT STAFF) (Filed on 7/10/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 12 13 14 15 16 ) ) ) Plaintiff, ) ) v. ) ) SHERIFF GREG AHERN, et al., ) ) Defendants. _____________________________ ) KEENAN WILKINS, No. C 08-1084 MMC (PR) ORDER DENYING PLAINTIFF’S SECOND REQUEST TO LIFT STAY; DENYING PLAINTIFF’S SEVENTH REQUEST FOR APPOINTMENT OF COUNSEL (Docket No. 307) 17 18 On February 22, 2008, plaintiff, a pretrial detainee then incarcerated at the Santa Rita 19 County Jail (“SRCJ”) and proceeding pro se, filed the above-titled civil rights action under 20 42 U.S.C. § 1983. The operative pleading in the instant action is plaintiff’s Second Amended 21 Complaint (“SAC”), a sixty-page document that the Court previously determined stated 22 cognizable claims for relief, based on events that allegedly occurred between March 2007 23 and December 2008, during which time plaintiff was incarcerated at the SRCJ. By order 24 filed November 30, 2011, the Court granted plaintiff’s request to stay the instant action 25 pending resolution of criminal proceedings brought against him in Alameda County Superior 26 Court. 27 28 Now before the Court is plaintiff’s second request to lift the stay for the purpose of seeking injunctive relief from conditions of confinement at the Glen Dyer Detention Facility, 1 where plaintiff is currently incarcerated. Said request is hereby DENIED for the reasons 2 stated in the Court’s February 17, 2012 order. 3 Also before the Court is plaintiff’s request for appointment of counsel, which 4 represents plaintiff’s seventh such request in this matter. For the reasons stated in the Court’s 5 prior orders, plaintiff’s new request for appointment of counsel is hereby DENIED. 6 This order terminates Docket No. 307. 7 IT IS SO ORDERED. 8 9 _________________________ MAXINE M. CHESNEY United States District Judge 11 For the Northern District of California United States District Court 10 DATED: July 10, 2012 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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