Cooper v. Kaur, et al

Filing 40

ORDER signed by Magistrate Judge Dale A. Drozd on 6/14/11 DENYING 38 Motion to Appoint Counsel ; GRANTING 39 Motion for Extension of time. Plaintiff is granted 60 days from the date of this order in which to file and serve a response to defendants motion for summary judgment. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TROY COOPER,
Plaintiff,

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No. CIV S-10-1057 GEB DAD P

Defendants.

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ORDER

vs.
KAUR, et al.,

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Plaintiff, a state prisoner proceeding pro se with a civil rights action, has
requested appointment of counsel.

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

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require counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist.

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Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the district court may

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request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v.

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Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36

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(9th Cir. 1990).

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The test for exceptional circumstances requires the court to evaluate the plaintiff’s

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likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in

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light of the complexity of the legal issues involved. See Wilborn v. Escalderon, 789 F.2d 1328,
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1331 (9th Cir. 1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Circumstances

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common to most prisoners, such as lack of legal education and limited law library access, do not

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establish exceptional circumstances that would warrant a request for voluntary assistance of

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counsel. In the present case, the court does not find the required exceptional circumstances.
Plaintiff has also requested an extension of time to file a response to defendants’

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May 5, 2011, motion for summary judgment. Good cause appearing, the request will be granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for the appointment of counsel (Doc. No. 38) is denied;

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2. Plaintiff’s motion for an extension of time (Doc. No. 39) is granted; and
3. Plaintiff is granted sixty days from the date of this order in which to file and

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serve a response to defendants’ motion for summary judgment.

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DATED: June 14, 2011.

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DAD:9:kly
coop1057.31+36

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