McCoy v. Department of the Army et al

Filing 27

ORDER signed by Magistrate Judge Craig M. Kellison on 12/14/09 ORDERING that Plaintiff's motion for appointment of counsel 19 is denied; and Plaintiff's motion for default judgment 23 is denied. (Becknal, R)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 / 17 18 19 20 21 22 23 24 25 26 Plaintiff, who is proceeding pro se, brings this civil action. Pending before the court are the following: (1) plaintiff's motion for appointment of counsel (Doc. 19); and (2) plaintiff's motion for default judgment (Doc. 23). As to plaintiff's request for appointment of counsel, the United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent plaintiffs in civil actions. See e.g. 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). See 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 1 vs. ARMY CORPS OF ENGINEERS, et al., ROSLYN McCOY, Plaintiff, ORDER No. CIV S-09-1973-LKK-CMK IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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court does not at this time find the required exceptional circumstances. As to plaintiff's request for default judgment, a review of the docket reflects that defendants filed a timely answer to the complaint on November 30, 2009. A default judgment is not appropriate. Finally, because the pending motion to dismiss is not case dispositive, the scheduling conference currently set for December 17, 2009, in Redding, California shall proceed as scheduled. Accordingly, IT IS HEREBY ORDERED that: 1. 2. Plaintiff's motion for appointment of counsel (Doc. 19) is denied; Plaintiff's motion for default judgment (Doc. 23) is denied.

DATED: December 14, 2009 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

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