Jefferson v. Perez et al

Filing 40

ORDER signed by Magistrate Judge Kimberly J. Mueller on 08/25/10 ordering service is appropriate for defendants Perez, insofar as plaintiff alleges that she told other inmates that plaintiff was a snitch; Providence, insofar as plaintiff alleges that he falsified an interview and investigation and kept plaintiff in ad-seg because plaintiff refused to drop a 602 against defendant Pompey, and defendant Pompey, insofar as plaintiff alleges that Pompey rough him up. The clerk of the court shall send plaintiff 3 USM-285 forms, instruction sheet, 1 summons and a copy of the 07/09/10 amended complaint to be completed and returned within 30 days. Plaintiff's motion for the appointment of cousnel 33 is denied. (Plummer, M)

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. A. PEREZ, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed pursuant to 42 U.S.C. § 1983. By order filed April 28, 2010, plaintiff's complaint was dismissed with leave to file an amended complaint. Plaintiff has now filed a third amended complaint. The third amended complaint states cognizable First and Eighth Amendment claims under 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b). If the allegations of the amended complaint are proven, plaintiff has a reasonable opportunity to prevail on the merits of this action. Plaintiff has also 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 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JAMES LEROYE JEFFERSON, Plaintiff, No. CIV-S-09-3008 FCD KJM P

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(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. In accordance with the above, IT IS HEREBY ORDERED that: 1. Service is appropriate for the following defendants: Perez, insofar as plaintiff alleges that she told other inmates that plaintiff was a snitch; Providence, insofar as plaintiff alleges that he falsified an interview and an investigation and kept plaintiff in ad-seg because plaintiff refused to drop a 602 against defendant Pompey, and defendant Pompey, insofar as plaintiff alleges that Pompey roughed him up. 2. The Clerk of the Court shall send plaintiff three USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed July 9, 2010. 3. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the following documents to the court: a. The completed Notice of Submission of Documents; b. One completed summons; c. One completed USM-285 form for each defendant listed in number 1 above; and d. Four copies of the endorsed amended complaint filed July 9, 2010. 4. Plaintiff need not attempt service on defendants and need not request waiver of service. Upon receipt of the above-described documents, the court will direct the United States Marshal to serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs. ///// ///// 2

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5. Plaintiff's motion for the appointment of counsel (docket no. 33) is denied. DATED: August 25, 2010.

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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 Plaintiff DATED: order filed vs. A. PEREZ, et al., Defendants. / Plaintiff hereby submits the following documents in compliance with the court's : completed summons form completed USM-285 forms copies of the Amended Complaint NOTICE OF SUBMISSION OF DOCUMENTS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JAMES LEROYE JEFFERSON, Plaintiff, No. CIV 09-3008 FCD KJM P