Batchelor

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LIFALFA GREEN, Case No. 2:19-cv-0538-TLN-JDP (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

TO DEFER CONSIDERATION OF

v. DEFENDANT’S MOTION FOR SUMMARY

JUDGMENT AND TO APPOINT COUNSEL

MARY BATCHELOR, ECF No. 42 Defendant. 16 This action proceeds on plaintiff’s First Amendment retaliation claim against defendant Batchelor. Plaintiff alleges that in retaliation for him “speaking up in defense of [his] rights and privileges” at a classification hearing, defendant altered the designation in plaintiff’s central file to incorrectly reflect that he is a sex offender. Defendant has moved for summary judgment on the complaint’s sole claim. ECF No. 41. Instead of filing an opposition to defendant’s motion, plaintiff has filed a motion to defer consideration of defendant’s motion pursuant to Federal Rule of Civil Procedure 56(d) and to appoint counsel. That motion is denied. Rule 56(d) provides that “[i]f a…