Stewart v. Tilton et al

Filing 16

ORDER DENYING 15 Motion to Appoint Counsel and GRANTING Plaintiff a Thirty Day Extension of Time to File an Amended Complaint signed by Magistrate Judge Sheila K. Oberto on 7/25/2011. Amended Complaint due by 8/29/2011.(Sant Agata, S)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES STEWART,

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Plaintiff,

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vs.

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J. TILTON, et al.,

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Defendants.

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1:10-cv-00985-AWI-SKO (PC)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL, AND
GRANTING PLAINTIFF A THIRTY-DAY
EXTENSION OF TIME TO FILE AN
AMENDED COMPLAINT
(Motion #15)

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In a bare, supported motion filed on July 22, 2011, Plaintiff moved for the appointment of

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counsel and requested a thirty-day extension of time pending appointment of counsel. The Court

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will grant Plaintiff a second extension of time to file an amended complaint in compliance with the

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Court’s screening order of May 18, 2011. However, Plaintiff is not entitled to the appointment of

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counsel in this action and the Court does not find the existence of exceptional circumstances

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warranting the appointment of counsel. U.S.C. § 1915(e)(1); Palmer v. Valdez, 560 F.3d 965, 970

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(9th Cir. 2009); Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981); Wilborn v. Escalderon,

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789 F.2d 1328, 1331 (9th Cir. 1981).

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Accordingly, Plaintiff’s motion for the appointment of counsel is DENIED and Plaintiff is
GRANTED a thirty-day extension of time to file an amended complaint.

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IT IS SO ORDERED.

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Dated:
i0d3h8

July 25, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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