Frias v. Marshall et al

Filing 79

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/7/12 ORDERING that 76 Motion to Appoint Counsel and an extension of the trial date is DENIED. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDDIE FRIAS,
Plaintiff,

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No. 2:06-cv-1867 MCE CKD P

vs.
LT. G. MARSHALL,
Defendant.

ORDER
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Plaintiff has requested the appointment of counsel. (Dkt. No. 76.) The United

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States Supreme Court has ruled that district courts lack authority to require counsel to represent

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indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298

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(1989). In certain exceptional circumstances, the court may request the voluntary assistance of

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counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.

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1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the

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court does not find the required exceptional circumstances. Plaintiff’s motion for the

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appointment of counsel will therefore be denied.

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The court has also reviewed plaintiff’s motion to postpone the trial date by 90

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days. (Dkt. No. 76.) In light of the fact that this case has been pending for six years, the court

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will decline to grant this extension.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for the

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appointment of counsel and an extension of the trial date (Docket No. 76) is denied.
Dated: August 7, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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/mp
fria1867.31(2)

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