Herrera v. Gardner et al

Filing 87

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/25/11 ORDERING that 85 Motion for Extension is GRANTED; plaintiff has 30 days from the date this order is served to file and serve his opposition; and 86 Motion to Appoint Counsel is DENIED. (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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ARMANDO HERRERA,
Plaintiff,

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vs.

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No. CIV S-10-1744 GEB EFB P

GARDNER, et al.,
Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He requests an extension of time to file and serve an opposition to defendants’

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June 3, 2011 motion to dismiss. See Fed. R. Civ. P. 6(b).
He has also requested that the court appoint counsel. District courts lack authority to

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

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

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counsel voluntarily to represent such a plaintiff. 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935

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F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990).

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The court finds that there are no exceptional circumstances in this case.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s October 18, 2011 motion is granted and plaintiff has 30 days from the date

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this order is served to file and serve his opposition; and

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2. Plaintiff’s October 21, 2011 motion for appointment of counsel is denied.

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So ordered.

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DATED: October 25, 2011.

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