Doerer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHELTON BENOITE, Case No. 1:24-cv-01407-KES-HBK (PC) Plaintiff, ORDER DENYING PLAINTIFF’S

CONSTRUED MOTION FOR

v. APPOINTMENT OF COUNSEL J. DOERER, et al., (Doc. No. 15) Defendants. 16 Pending before the Court is pro se Plaintiff’s construed motion to appoint counsel, filed on April 2, 2025. (Doc. No. 15, “Motion”). For the reasons set forth below, the Court denies Plaintiff’s Motion. BACKGROUND Plaintiff, a federal prisoner, is proceeding pro se on his initial Complaint. (Doc. No. 1). The Court granted Plaintiff’s application to proceed in forma pauperis in this action. (Doc. No. 4). On March 10, 2025, the Court issued its Findings and Recommendation, currently pending

1 Plaintiff titles his motion as a “Motion to Reconsider - Motion to Appoint Counsel.” A motion’s “nomenclature is not controlling.” Miller v. Transamerican Press, Inc., 709 F.2d 524, 527 (9th…