1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TREVOR COLE, No. 1:24-cv-01483 GSA (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR THE APPOINTMENT OF COUNSEL 13 v. (ECF No. 3) 14 GARRETT, et al., 15 Defendants. 16 17 Plaintiff has filed a motion for the appointment of counsel. ECF No. 3. Given that this 18 matter has not yet been screened, it has yet to be determined whether Plaintiff has filed a viable 19 complaint against proper defendants. As a result, the motion is premature, and it will be denied 20 for lack of jurisdiction. See Lightfoot v. Cendant Mortgage Corp.,

, 95 (2017) (“A 21 court must have the power to decide the claim before it (subject matter jurisdiction) and power 22 over the parties before it (personal jurisdiction) before it can resolve a case.”). 23 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for the appointment of 24 counsel (ECF No. 3) is DENIED for lack of jurisdiction. 25 IT IS SO ORDERED. 26

27 Dated: December 9, 2024 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 28