Rizk

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KELLY DULEY, Case No. 1:24-cv-00345-HBK Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR APPOINTMENT OF COUNSEL

v. (Doc. No. 13) RIZK et al., Defendants. 16 17 Pending before the Court is Plaintiff’s Motion for Appointment of Counsel filed on June 24, 2024. (Doc. No. 11, “Motion”). Plaintiff Kelly Duley, a state prisoner, initiated this action by filing a pro se civil rights complaint pursuant to 42 U.S.C. § 1983 on March 22, 2024. (Doc. No. 1, “the Complaint”). The Court granted Plaintiff’s application to proceed in this action in forma pauperis in this action. (Doc. No. 6). Plaintiff is proceeding on his First Amended Complaint, which remains subject to screening by the Court. (Doc. No. 10). Plaintiff’s Motion identifies the following reasons why counsel should be appointed: (i) Plaintiff is indigent and proceeding in forma pauperis; (ii) Plaintiff cannot adequately participate in “investigation and discovery” while…