Williams v. Haviland et al

Filing 34

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/18/10 DENYING 32 Motion to Appoint Counsel ; GRANTING 33 Motion for Extension of Time. Plaintiff has 30 days from the date this order is served to file and serve a reply to defendants opposition to the motion for summary judgment.(Williams, D)

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(PC) Williams v. Haviland et al Doc. 34 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. J.W. HAVILAND, et al., Defendants. / Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. 1983. He has requested that the court appoint counsel and an expert witness. He has also requested an extension of time to file a reply to defendants' opposition to his motion for summary judgment. District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request counsel voluntarily to represent such a plaintiff. 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). The court finds that there are no exceptional circumstances in this case and the request for counsel is denied. Plaintiff's request for an expert witness is also denied. The request is premature in that this case has not been set 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MARIO A. WILLIAMS, Plaintiff, No. CIV S-09-2665 GEB EFB P ORDER 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 for trial. Moreover, plaintiff offers no explanation as to why an expert witness should be appointed or what type of testimony would be offered by such an expert. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's October 8, 2010 request for appointment of counsel and for an expert witness is denied. 2. Plaintiff's October 13, 2010 request is granted and plaintiff has 30 days from the date this order is served to file and serve a reply to defendants' opposition to the motion for summary judgment. So ordered. DATED: October 18, 2010. 2

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