Mitchell v. Williams et al

Filing 31

ORDER signed by Magistrate Judge Dale A. Drozd on 04/04/12 ordering that plaintiff's 03/29/12 request for an extension of time to further file objections to the findings and recommendations filed on 02/08/12 and for the appointment of a jailhouse lawyer to represent plaintiff 29 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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LACY MITCHELL,

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Plaintiff,

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vs.

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No. CIV S-10-1829 KJM DAD P

WILLIAMS, et al.,

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Defendants.

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ORDER
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Plaintiff has filed a document with the court styled as, “Plaintiff’s Objections To

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The Magistrate Judge’s Findings And Recommendations; Request For 45 Day Extension;

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Motion For Appointment Of Counsel.” (Doc. No. 29.) Therein, plaintiff indicates that he has

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found an “inmate-jailhouse lawyer who is willing to prepare a more effective response that will

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show why plaintiff’s claims should not be dismissed” and plaintiff requests 45 days to file his

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“opposition” to the court’s findings and recommendations issued on February 8, 2012. (Doc. No.

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29 at 2.) In addition, plaintiff seeks the appointment of the “jailhouse lawyer” in question to

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represent him. (Id.)

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On March 26, 2012, the assigned District Judge adopted the undersigned’s

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February 8, 2012 findings and recommendation after conducting a de novo review of the case

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and taking into consideration plaintiff’s objections filed on February 24, 2012. Therefore,
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plaintiff’s request for an extension of time will be denied as untimely.

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Plaintiff request for the appointment of his “jailhouse lawyer” as his counsel will

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also be denied. A non-lawyer may appear pro se only on behalf of himself; he cannot represent

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the interests of others. C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th Cir.

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1987); see also Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975) (a non-lawyer

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prisoner may not represent fellow inmates in a class action). Therefore, the court will not

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appoint another inmate to act as plaintiff’s legal representative.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s March 29, 2012 request
for an extension of time to file further objections to the findings and recommendations filed on

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February 8, 2012, and for the appointment of a “jailhouse lawyer” to represent plaintiff (Doc. No.

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29), is denied.

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DATED: April 4, 2012.

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DAD:4
mitc1829.31c

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