Xavier v. Roche et al
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/12/16 denying 124 Motion to Appoint Counsel and granting 123 Motion for Extension of time. Plaintiff's objections to the findings and recommendations filed on 08/04/16 are deemed timely. Defendants' reply, if any, shall be filed within 7 days from the date of this order. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GARY R. XAVIER,
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Plaintiff,
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No. 2:09-cv-0783 KJM CKD P
v.
ORDER
S. M. ROCHE, et al.,
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Defendants.
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Plaintiff has requested the appointment of counsel. The United States Supreme Court has
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ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983
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cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional
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circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. §
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1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900
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F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find the required
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exceptional circumstances. Plaintiff’s request for the appointment of counsel will therefore be
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denied.
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Plaintiff has also filed a motion for extension of time to file objections to the July 11,
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2016, findings and recommendations. Plaintiff filed his objections to the magistrate judge’s
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findings and recommendations on August 4, 2016.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s request for the appointment of counsel (ECF No. 124) is denied;
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2. Plaintiff’s motion for an extension of time (ECF No. 123) is granted;
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3. Plaintiff’s objections to the findings and recommendations filed on August 4, 2016, are
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deemed timely. Defendants’ reply, if any, shall be filed within seven days from the date of this
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order.
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Dated: August 12, 2016
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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2/kly
xavi0783.31+36
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