(PC) Taylor v. Lynch ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CODY RICHARD TAYLOR, No. 2:21-cv-2413 KJN P 12 Plaintiff, 13 v. ORDER 14 JEFF LYNCH, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, in an action brought 18 under 42 U.S.C. § 1983. Plaintiff renews his request that the court appoint counsel, and also 19 seeks the appointment of a paralegal. Both motions are denied. 20 Plaintiff’s motion seeking appointment of a paralegal is denied because “ ‘the expenditure 21 of public funds [on behalf of an indigent litigant] is proper only when authorized by Congress,’ ” 22 Tedder v. Odel, 890 F.2d 210, 211-12 (9th Cir. 1989) (alteration in original) (quoting United 23 States v. MacCollom, 426 U.S. 317, 321 (1976)), and the in forma pauperis statute does not 24 authorize the expenditure of public funds for a paralegal, 28 U.S.C. § 1915. 25 Plaintiff’s first motion for appointment of counsel was denied on February 4, 2022. At the 26 time plaintiff filed his second motion for counsel, defendants had not yet been served; thus, the 27 procedural posture of the case had not changed. Despite the additional documentation plaintiff 28 provided, the undersigned remains unable to determine the likelihood plaintiff will succeed on the 1 | merits of his claim, and therefore denies his motion for appointment of counsel for the same 2 || reasons set forth in the February 4, 2022 order. To the extent plaintiff also seeks a court order 3 || that he be provided priority legal user for law library access, at present plaintiff is under no court- 4 || ordered deadlines. Rather, the case will not be scheduled until after defendants file a responsive 5 || pleading. Therefore, plaintiff's motion is denied. 6 Accordingly, IT IS HEREBY ORDERED that plaintiff's motions (ECF Nos. 16, 16-2) are 7 || denied. 8 | Dated: April 28, 2022 Foci) Aharon 10 KENDALL J. NE ayl2413.312) UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28