Jones v NDOC, et al

Filing 34

ORDER Denying 24 Motion to Appoint Counsel and Granting 25 Motion to Waive Filing Fee for Appeal. Signed by Magistrate Judge George Foley, Jr on 5/4/2011. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 JOHNNY LEE JONES, 7 8 9 10 11 ) ) Plaintiff, ) ) vs. ) ) NDOC, et al., ) ) Defendants. ) __________________________________________) 12 13 Case No. 2:11-cv-00027-PMP-GWF ORDER Motion to Appoint Counsel on Appeal (#24) and Motion to Waive Filing Fee (#25) This matter is before the Court on Plaintiff’s Motion to Appoint Counsel on Appeal (#24) and Motion to Waive Filing Fee for Appeal (#25), filed April 19, 2011. 14 1. 15 Plaintiff’s Motion to Appoint Counsel on Appeal requests that this Court appoint counsel to Motion to Appoint Counsel on Appeal (#24) 16 assist him in preparing his appeal. (#24). A request for counsel to be appointed to assist in preparing 17 an appeal should be directed to the appellate court. The Court will deny Plaintiff’s motion as Plaintiff 18 should file his request for counsel as part of his appeal pending before the Ninth Circuit. 19 2. 20 Plaintiff filed an appeal with the Ninth Circuit Court of Appeals and applied to proceed in forma Motion to Waive Filing Fee on Appeal (#25) 21 pauperis during his appeal pursuant to Fed.R.App.P. 24(a)(3). The Court will grant Plaintiff’s 22 application to proceed in forma pauperis before the Ninth Circuit based on the Court’s previous finding 23 that Plaintiff is unable to pay a filing fee or to give security for fees and costs. (See #4). 24 Accordingly, 25 IT IS HEREBY ORDERED that Plaintiff’s Motion to Appoint Counsel on Appeal (#24) is 26 denied. 27 ... 28 ... 1 2 3 IT IS FURTHER ORDERED that Plaintiff’s Motion to Waive Filing Fee for Appeal (#25) is granted. DATED this 4th day of May, 2011. 4 5 6 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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