Brooks v. Haviland et al

Filing 92

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/17/2012, GRANTING the parties 30 days to file amended pretrial statements; and DENYING plaintiff's 91 request for appointment of counsel. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD BROOK,
Plaintiff,

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vs.

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No. 2:09-cv-1364 GEB CKD P

V. SINGH, et al.,
Defendants.

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ORDER
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On March 19, 2012, defendants’ motion for summary judgment was denied. (Dkt.

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No. 76, adopting findings and recommendations at Dkt. No. 72). A settlement conference held

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July 12, 2012 did not result in settlement. (Dkt. No. 90.) As the parties’ pretrial statements in

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this action were filed in June 2011 (Dkt. Nos. 51, 54), the court will give the parties the

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opportunity to file amended pretrial statements. If a party does not timely file an amended

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pretrial statement (replacing the June 2011 statement), the court will base its Pretrial Order on the

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party’s June 2011 statement. Amended pretrial statements will be due within 30 days of this

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order.

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Plaintiff has renewed his request for the appointment of counsel. (Dkt. No. 91.)

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

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to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S.
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296, 298 (1989). In certain exceptional circumstances, the court may request the voluntary

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

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

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case, the court does not find the required exceptional circumstances. Plaintiff’s request for the

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appointment of counsel will therefore be denied.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The parties are granted 30 days to file amended pretrial statements;

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2. Plaintiff’s request for the appointment of counsel (Docket No. 91) is denied.

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Dated: August 17, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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broo1364.31(2)

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