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Ransom v. Duncan

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


July 13, 2009

BRYAN G. RANSOM, PLAINTIFF,
v.
DUNCAN, DEPUTY DIRECTOR OF CDCR, JOHN DOES 1-10, DEFENDANTS.

The opinion of the court was delivered by: Edward F. Shea United States District Judge

ORDER REQUIRING FURTHER DOCUMENTATION RELATING TO PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL

Before the Court is pro se state prisoner Plaintiff Bryan G. Ransom's Motion for Appointment of Counsel. (Ct. Rec. 25.) Plaintiff requests appointment of counsel pursuant to 28 U.S.C. § 1915(e)(1) because of medical conditions and resulting pain and side-effects from medication. While the Court may request an attorney to represent an individual unable to afford counsel under exceptional circumstances, 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991), the Court is in need of supporting medical documentation before ruling on this motion.

Accordingly, IT IS HEREBY ORDERED:

1. No later than July 31, 2009, Plaintiff shall submit medical documentation supporting his assertion that he is suffering from Hepatitis C and osteoarthritis. The medical documentation shall include what medication Plaintiff is receiving for these ailments and how often.

2. Plaintiff's Motion for Appointment of Counsel (Ct. Rec. 25) will be heard without oral argument on August 7, 2009.

3. Plaintiff need not respond to Defendant's Motion to Dismiss (Ct. Rec. 29) until Plaintiff's motion has been ruled on. Defendant's Motion to Dismiss will be heard without oral argument on October 2, 2009.

IT IS SO ORDERED. The District Court Executive is directed to enter this Order and provide a copy to Plaintiff and counsel.

20090713

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