(PC) Penn v. Warden of Kern Valley State Prison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARLIN PENN, Case No. 1:18-cv-01482-AWI-HBK (PC) Plaintiff, ORDER DENYING PLAINTIFF’S FOURTH

MOTION TO APPOINT COUNSEL

v. (Doc. No. 47) A. LUCAS, ET. AL., Defendants. 16 Pending before the Court is Plaintiff’s fourth motion to appoint counsel, filed May 26, 2022. (Doc. No. 47). Plaintiff believes it will be impossible to proceed in this action without counsel because he is experiencing loss of hearing and dizziness from an April 2022 assault and because his legal material and typewriter were taken from him. (Id. at 1-2). He states that on April 8, 2022, Salinas Valley State Prison Custody Staff assaulted him. (Id. at 1). Plaintiff believes “it is very likely” he was attacked because of this pending civil rights action. (Id.). He further alleges that due to him complaining about the assault, he was charged with “battery on a peace officer” and “separated from his legal documents and typewriter.” (Id.). Plaintiff also 25 …