Holguin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAKEITH L. MCCOY, Case No. 1:15-cv-00768-DAD-HBK Plaintiff, ORDER DENYING PLAINTIFF'S MOTION

TO APPOINTC COUNSEL

v. (Doc. No. 166) A. HOLGUIN, ET. AL., Defendants. 16 Pending before the Court is Plaintiff’s motion to appoint counsel, filed on October 29, 2021. (Doc. No. 166). Plaintiff, who is proceeding pro se, is currently incarcerated at Kern Valley State Prison and proceeding on his Second Amended Complaint filed under 42 U.S.C. § 1983 raising Eighth Amendment violations stemming from an alleged excessive use of force and failure to intervene claims. (Doc. No. 15). On September 27, 2021, the district court granted pro bono counsel’s motion to withdraw and denied Plaintiff’s motion to appoint counsel. (Doc. No. 164). Briefly stated, Plaintiff had a disagreement with appointed pro bono counsel, did not oppose his pro bono counsel’s withdrawal. Plaintiff believed that his attorney could not adequately represent him due…