Baker et al v. Cameron et al

Filing 43

ORDER signed by Magistrate Judge Kendall J. Newman on 08/08/11 ordering plaintiff's 08/03/11 motion for an extension of time 42 is granted. The clerk of the court shall send plaintiff a copy of discovery requests appended to defendants' reply (Docket Nos. 38-2, 38-3, 38-4 and 38-5). Plaintiff is granted 21 days from the date of this order in which to comply with this court's 07/26/11 order. Plaintiff's 08/02/11 request for appointment of counsel 41 is denied. (Plummer, 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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JERRY W. BAKER,

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Plaintiff,

No. 2:10-cv-1811 KJM KJN P

vs.

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SOLANO COUNTY, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel. On August 2, 2011,

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plaintiff filed a document entitled “Response to Court’s 7-5-11 Order.”1 (Dkt. No. 41.) Plaintiff

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asks the court to explain “dispositive motion.” (Id. at 2.) As used in the court’s July 26, 2011

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order, the “dispositive motion” usually filed in this type of action is a motion for summary

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judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The motion for summary

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judgment is “dispositive” because if the motion for summary judgment is granted as to all claims

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for either party, the case is terminated and no trial is required, thus disposing of the action.

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Plaintiff also claims he needs copies of all the discovery requests for which he

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was ordered to provide supplemental responses. Plaintiff is advised that it is his obligation to

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Plaintiff’s request to appeal the order for sanctions is construed as a request for
reconsideration of the July 26, 2011 order, and is under consideration by the district court.
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retain copies of documents in his case. This is particularly important for discovery requests and

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responses because generally these documents are not filed with the court. For example, when

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served with discovery requests, plaintiff should retain copies of the requests as well as copies of

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his responses provided to defendants. On August 3, 2011, plaintiff filed a request for extension

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of time based on his request to defendants to provide copies of the discovery requests to which

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further responses are sought. Pro se litigants are not provided photocopies without charge even if

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the litigant is proceeding in forma pauperis. However, in order to avoid further delay, the court

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will provide plaintiff with copies of the discovery requests and responses that were provided in

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connection with the motion to compel. (Dkt. No. 38.) Plaintiff should reference the court’s July

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26, 2011 order to determine which requests plaintiff is required to provide supplemental

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responses. (Dkt. No. 40.) Plaintiff is cautioned that no further copies will be provided without

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charge. Also, the court is not inclined to grant plaintiff any additional extensions of time.

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Finally, plaintiff seeks appointment of counsel. The United States Supreme Court

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has ruled that district courts lack authority to require counsel to represent indigent prisoners in

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§ 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain

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exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to

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28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v.

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Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not

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find the required exceptional circumstances. Therefore, plaintiff’s request for the appointment of

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counsel is denied.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s August 3, 2011 motion for an extension of time is granted;

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2. The Clerk of the Court shall send plaintiff a copy of discovery requests

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appended to defendants’ reply (Dkt. Nos. 38-2, 38-3, 38-4 and 38-5);
3. Plaintiff is granted twenty-one days from the date of this order in which to
comply with this court’s July 26, 2011 order; and
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4. Plaintiff’s August 2, 2011 request for appointment of counsel (dkt. No. 41) is

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denied.

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DATED: August 8, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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bake1811.36

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