Martin et al v. Hedgpath et al

Filing 42

ORDER DENYING PLAINTIFF'S MOTION FOR A CONTINUANCE OF PROCEEDINGS AND DENYING HIS SECOND MOTION FOR APPOINTMENT OF COUNSEL re 41 filed by Alfred Martin. Signed by Judge Yvonne Gonzalez Rogers on 8/12/2013. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 8/12/2013)

Martin et al v. Morring et al

Doc. 42

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3
4
5
6
7

v.
ANTHONY HEDGPETH, et al.,
Defendants.

9
United States District Court
For the Northern District of California

11
12

ORDER DENYING PLAINTIFF'S
MOTION FOR A CONTINUANCE OF
PROCEEDINGS AND DENYING HIS
SECOND MOTION FOR
APPOINTMENT OF COUNSEL

Plaintiff,

8

10

No. C 12-03771 YGR (PR)

ALFRED MARTIN,

/

Before the Court is Plaintiff's motion for a continuance of proceedings and his second motion
for appointment of counsel to represent him in this action.
First, Plaintiff requests a continuance of proceedings because he claims he is unable to "fully

13

present an argument at this moment, due to the fact [that] he has suffered a 'back injury' here at the

14

prison." (Pl.'s Mot. at 1.) Because Plaintiff has labeled the present motion as his "Opposition to

15

Defendants['] Motion to Dismiss and Motion for Continuance and for the Appointment of Counsel to

16

Assist Plaintiff," the Court construes Plaintiff's request as a motion for an extension of time to file an

17

opposition to the motion to dismiss filed by Defendants on July 9, 2013. Because the Court -- in its

18

Order dated July 24, 2013 -- denied Defendants' July 9, 2013 motion to dismiss (Docket No. 40), the

19

Court DENIES Plaintiff's motion for an extension of time as moot.

20

Second, Plaintiff requests the Court to "appoint counsel to further represent [him] in

21

any . . . future proceedings in this cause and action." (Pl.'s Mot. at 3.) The Court previously denied

22

Plaintiff's first request for appointment of counsel. (Docket No. 32.) For the same reasons,

23

Plaintiff's second request for the appointment of counsel is DENIED.

24

The parties shall abide by the briefing schedule provided in the Court's July 24, 2013 Order.

25

This Order terminates Docket no. 41.

26

IT IS SO ORDERED.

27

DATED:

August 12, 2013

YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

28

G:\PRO-SE\YGR\CR.12\Martin3771.DenyAtty2.frm

Dockets.Justia.com