Kernan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 CLARENCE A. GIPBSIN, No. 2:12-cv-0556 KJM DB P Plaintiff, v. ORDER SCOTT KERNAN, et al., Defendants. 15 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants violated his rights by failing to transfer him to a mental health care facility pursuant to a court order. Presently before the court is plaintiff’s motion to vacate the findings and recommendations (ECF No. 295) and his motion to appoint counsel (ECF No. 297). I. Motion to Vacate the Findings and Recommendations Plaintiff requests that the findings and recommendations be vacated pursuant to Federal Rule of Civil Procedure 59. (ECF No. 295.) On December 30, 2020 the undersigned issued findings and recommendations recommending that defendants’ summary judgment motion be granted. (ECF No. 293.) The findings and recommendations are currently pending before the district judge…