Chase v. Lopez

Filing 14

ORDER DENYING Plaintiff's 13 Motion to Appoint Counsel ; ORDER GRANTING Extension of Time to File Third Amended Complaint 13 , signed by Magistrate Judge Erica P. Grosjean on 9/16/16. (30-Day Deadline) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

Plaintiff,

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1:14-cv-01853-EPG (PC)

KENNY CHASE,

v.

ORDER GRANTING EXTENSION OF TIME
TO FILE AMENDED COMPLAINT

J. LOPEZ,

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(ECF No. 13.)

Defendant.

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On September 12, 2016, plaintiff filed a motion seeking the appointment of counsel and a
motion for extension of time. (ECF No. 13.)
I.

MOTION FOR APPOINTMENT OF COUNSEL
Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v.

Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to

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represent plaintiff pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for

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the Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in

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certain exceptional circumstances the Court may request the voluntary assistance of counsel

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pursuant to section 1915(e)(1). Rand, 113 F.3d at 1525.

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Without a reasonable method of securing and compensating counsel, the Court will seek
volunteer counsel only in the most serious and exceptional cases. In determining whether
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Aexceptional circumstances exist, the district court must evaluate both the likelihood of success of

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the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the

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complexity of the legal issues involved.@ Id. (internal quotation marks and citations omitted).

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Plaintiff argues that he needs counsel because he “really doesn’t understand this legal

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mail.” (ECF No. 13 at 1.) Plaintiff also submits copies of medical records showing that he

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suffered injuries on July 23, 2016 including a scratch, scrape, dried blood, and swelling due to

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exposure to pepper spray. (ECF No. 13 at 12-13.) These conditions alone do not make Plaintiff’s

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case exceptional under the Ninth Circuit’s standards discussed above. At this early stage in the

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proceedings, the Court cannot make a determination that Plaintiff is likely to succeed on the

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merits. Plaintiff=s Second Amended Complaint was dismissed on August 1, 2016, for failure to

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state a claim, with leave to amend. To date, Plaintiff has not filed a Third Amended Complaint.

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Thus, there is no complaint on record in this case for which the Court has found cognizable

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claims. Moreover, based on the record in this case, the Court finds that Plaintiff can adequately

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articulate his claims and respond to court orders. Plaintiff is advised that he is not precluded from

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renewing the motion for appointment of counsel at a later stage of the proceedings.
For the foregoing reasons, plaintiff=s motion for the appointment of counsel shall be

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denied, without prejudice.

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II.

Plaintiff requests an extension of time but does not indicate what deadline he wishes to

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MOTION FOR EXTENSION OF TIME

extend or why he needs an extension of time. Plaintiff merely states, “If I am late sending this

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back in can I get extension date?” (ECF No. 13 at 1.) Plaintiff has not shown good cause for the

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Court to grant him an extension of time. In the future, plaintiff must provide more information in

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his motions, clarifying what relief he seeks and why.

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In light of the fact that plaintiff’s only pending deadline in this case is to file a Third

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Amended Complaint, the Court shall allow plaintiff additional time to do so. However, no further

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extensions of time shall be granted without a showing of good cause.

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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Plaintiff’s motion for appointment of counsel is DENIED, without prejudice;

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2.

Plaintiff is GRANTED thirty days from the date of service of this order in which

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to file a Third Amended Complaint, pursuant to the Court’s order of August 1,

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2016; and

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3.

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No further extensions of time shall be granted without a showing of good
cause.

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IT IS SO ORDERED.
Dated:

September 16, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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