West v. Ruiz et al

Filing 17

ORDER denying 16 PLAINTIFF'S MOTION for Appointment of Counsel and Vacating Order [D.E. 15] Setting Deadlines. Deadlines terminated.(Signed by Magistrate Judge B Janice Ellington) Parties notified.(jalvarez, 2)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
MICHAEL RAY WEST,

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Plaintiff,
VS.
SHARON RUIZ, et al,
Defendants.

August 24, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 2:18-CV-170

OPINION AND ORDER DENYING PLAINTIFF’S
MOTION FOR APPOINTMENT OF COUNSEL
AND VACATING ORDER SETTING DEADLINES
Plaintiff Michael Ray West, proceeding pro se, has filed this civil rights action
pursuant to 42 U.S.C. § 1983.

Pending before the Court is Plaintiff's Motion for

Appointment of Counsel. (D.E. 16).
In a separate order, the undersigned granted Plaintiff’s application to proceed in
forma pauperis. (D.E. 6). That order also provided that “[n]o motions for appointment
of counsel shall be filed until the Court has completed its screening pursuant to 28 U.S.C.
§ 1915A, which may include a hearing under Spears v. McCotter, 766 F.2d 179 (5th Cir.
1985).” (D.E. 6, ¶ 9). Plaintiff recently filed his Second Amended Complaint (D.E. 10),
and this Court has yet to complete the § 1915A screening process in this case.
Accordingly, Plaintiff’s Motion for Appointment of Counsel (D.E. 16) is DENIED
without prejudice to renew after the screening process has been completed.
On August 1, 2018, the undersigned inadvertently entered an Order Setting
Deadlines in this case. (D.E. 15). That order was prematurely issued because Plaintiff’s
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Second Amended Complaint has not been screened and no defendants have otherwise
been served in this case. Accordingly, the August 1 Order Setting Deadlines (D.E. 15) is
VACATED.
ORDERED this 24th day of August, 2018.
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B. JANICE ELLINGTON
UNITED STATES MAGISTRATE JUDGE

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