Knox v. Arguello et al

Filing 21

ORDER. IT IS ORDERED that the court affirms the 15 magistrate judge's decision to deny plaintiff's 14 motion for appointment of counsel and request for evidentiary hearing, and the plaintiff's 20 motion appealing such is DENIED. Signed by Judge Howard D. McKibben on 10/18/2010. (Copies have been distributed pursuant to the NEF - KO)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 The plaintiff has appealed the magistrate judge's decision to 18 deny his motion for appointment of counsel and request for 19 evidentiary hearing (#20).1 20 any compelling basis for the appointment of counsel and does not 21 explain the reason he requests an evidentiary hearing. 22 finds that plaintiff is able to present his claims and that this is 23 not one of those extraordinary cases in which appointment of 24 counsel is justified. 25 26 27 28 Although the motion is entitled "motion for leave to proceed in forma pauperis," plaintiff has already been granted such. (See Docket #9). Accordingly, to the extent plaintiff is moving to proceed in forma pauperis in this motion, the motion is denied as moot. 1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA MONTENEQUE NAKIA KNOX, ) ) Plaintiff, ) ) vs. ) ) TANIA ARGUELLO, et al., ) ) Defendants. ) _________________________________ ) 3:09-cv-00559-HDM-RAM ORDER Plaintiff's motion does not set forth The court Accordingly, the court affirms the 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 magistrate judge's decision to deny plaintiff's motion for appointment of counsel and request for evidentiary hearing, and the plaintiff's motion appealing such is DENIED. IT IS SO ORDERED. DATED: This 18th day of October, 2010. ____________________________ UNITED STATES DISTRICT JUDGE 2

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