(HC) Bailey v. St. Andre
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHNEL M. BAILEY, Case No. 2:23-cv-01228-TLN-JDP (HC) Petitioner, ORDER v. DENYING PETITIONER’S MOTION TO
APPOINT COUNSEL
ROB ST. ANDRE, ECF No. 15 Respondent. 16 On November 7, 2023, respondent filed a motion to dismiss. ECF No. 13. When petitioner failed to timely file an opposition or statement of non-opposition, I issued an order to show cause for why this action should not be dismissed for petitioner’s failure to prosecute. ECF No. 14. Petitioner has filed a response to the order to show cause, along with a motion for the appointment of counsel. ECF No. 15. Petitioner explains that he is relying on a book entitled “The California Prisoners Handbook,” but that the book does not provide for how to respond to a motion to dismiss. Id. at 1. While I understand that petitioner faces challenges as a pro se litigant, his status does not excuse his obligation to file either an opposition or a statement of…