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Howard Lawrence Turner v. R. Cortez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 18, 2012

HOWARD LAWRENCE TURNER,
PLAINTIFF,
v.
R. CORTEZ, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge

ORDER DENYING PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL (ECF No. 15)

Plaintiff Howard Lawrence Turner is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On April 17, an order issued requiring Plaintiff to either file an amended complaint or notify the court that he was willing to proceed on the claims found to be cognizable in the complaint. (ECF No. 11.) On April 30, 2012, the order was returned marked undeliverable, unable to forward. *fn1 On July 12, 2012, this action was dismissed, without prejudice, for Plaintiff's failure to comply with an order of the court, and Plaintiff filed a notice of change of address. (ECF No. 12, 14.) On July 17, 2012, Plaintiff filed a motion for appointment of counsel. (ECF No. 15.)

At this juncture, this action has been closed based upon Plaintiff's failure to prosecute this action, and if Plaintiff wishes to pursue the claims raised he must file a new action. Accordingly, Plaintiff's motion for appointment of counsel, filed July 17, 2012, is HEREBY DENIED as moot.


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