(HC) Bailey v. St. Andre

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNEL M. BAILEY, Case No. 2:23-cv-01228-TLN-JDP (HC) 12 Petitioner, ORDER 13 v. DENYING PETITIONER’S MOTION TO

APPOINT COUNSEL

14 ROB ST. ANDRE, ECF No. 15 15 Respondent. 16 17 On November 7, 2023, respondent filed a motion to dismiss. ECF No. 13. When 18 petitioner failed to timely file an opposition or statement of non-opposition, I issued an order to 19 show cause for why this action should not be dismissed for petitioner’s failure to prosecute. ECF 20 No. 14. Petitioner has filed a response to the order to show cause, along with a motion for the 21 appointment of counsel. ECF No. 15. 22 Petitioner explains that he is relying on a book entitled “The California Prisoners 23 Handbook,” but that the book does not provide for how to respond to a motion to dismiss. Id. at 24 1. While I understand that petitioner faces challenges as a pro se litigant, his status does not 25 excuse his obligation to file either an opposition or a statement of…