Garcia

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 WAYNE JEROME ROBERTSON, Case No. 1:17-cv-01022-KES-BAM (PC) Plaintiff, ORDER DENYING MOTION TO APPOINT

COUNSEL

v. (ECF No. 92) GARCIA, Defendant. 16 Plaintiff Wayne Jerome Robertson (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This action is set for a jury trial before United States District Judge Kirk E. Sherriff on November 4, 2025 on Plaintiff’s claim against Defendant Garcia (“Defendant”) for excessive force in violation of the Eighth Amendment for spraying Plaintiff with OC spray on January 24, 2017. Currently before the Court is Plaintiff’s motion to appoint counsel, filed April 7, 2025. (ECF No. 92.) Plaintiff states that this action has been pending for 8 years and Plaintiff has defeated two summary judgment motions against Defendant Garcia. While Plaintiff was willing to accept the offer proposed by Judge Peterson at the most recent settlement conference, Defendant…