Dent v. Silbaugh et al

Filing 62

ORDER signed by Magistrate Judge John F. Moulds on 8/2/10 DENYING 58 Motion to Appoint Counsel; GRANTING 60 Motion for Extension of time. Defendant is granted an extension of time to and including September 17, 2010 in which to file a reply brief in support of his motion for summary judgment. (Dillon, M)

(PC) Dent v. Silbaugh et al

Doc. 62

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. D. SILBAUGH, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. §1983. On July 21, 2010, plaintiff filed a motion for appointment of counsel. The United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find the required exceptional circumstances. Plaintiff's motion for the appointment of counsel will therefore be denied. ///// ///// 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BRIAN KEITH DENT, Plaintiff, No. 2:08-cv-0736 MCE JFM (PC)

ORDER

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12/md dent0736.31

On July 27, 2010, defendant filed a request for a fifty day extension of time to file a reply brief in support of his motion for summary judgment. Good cause appearing, defendant's request will be granted. In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiff's July 21, 2010 motion for appointment of counsel is denied; 2. Defendant's July 27, 2010 motion for extension of time is granted; and 3. Defendant is granted an extension of time to and including September 17, 2010 in which to file a reply brief in support of his motion for summary judgment. DATED: August 2, 2010.

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