Philpott v. Williams

Filing 16

ORDER signed by Magistrate Judge Kimberly J. Mueller on 6/10/2010 GRANTING pltf's 14 motion for an extension of time; pltf has 30 days to file oBjections to F&R; and DENYING pltf's 15 motion for the appointment of counsel. (Yin, K)

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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. R. WILLIAMS, Defendant. / Plaintiff has requested an extension of time to file objections to the May 12, 2010 findings and recommendations. Good cause appearing, this request will be granted. In addition, plaintiff has requested the 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 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA GREGORY S. PHILPOTT, Plaintiff, No. CIV-S-09-1773 MCE KJM P 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 /mp phil1773.36+31 Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's motion for an extension of time (Docket No. 14) is granted; 2. Plaintiff is granted thirty days from the date of this order in which to file objections to the findings and recommendations; and 3. Plaintiff's motion for the appointment of counsel (Docket No. 15) is denied. DATED: June 10, 2010. 2

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