Nelson v. Dickinsen et al

Filing 39

ORDER signed by Magistrate Judge John F. Moulds on 3/19/12 ORDERING that 33 Motion for Extension of time to conduct discovery is DENIED; 34 and 37 Motions to Appoint Counsel are 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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DYKE EDWARD NELSON,
Plaintiff,

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vs.

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No. 2:10-cv-2156 MCE JFM (PC)

DR. ALEX ZIGA,

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Defendant.

ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. On February 15, 2012, plaintiff filed a motion to extend the deadline for

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completion of discovery in this action, and on February 24, 2012, plaintiff filed a declaration in

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support of that motion. Pursuant to the discovery and scheduling order filed in this action on

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October 11, 2011, all discovery was to be completed by January 27, 2012. Although plaintiff

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states that he has not conducted any discovery, he makes no showing of what discovery, if any,

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he requires to proceed with this action. Plaintiff’s motion will therefore be denied.

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Plaintiff has also moved for the appointment of counsel. The United States

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Supreme Court has ruled that district courts lack authority to require counsel to represent

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indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298

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(1989). In certain exceptional circumstances, the court may request the voluntary assistance of
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counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.

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1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the

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court does not find the required exceptional circumstances. Plaintiff’s motions for the

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appointment of counsel will therefore be denied.
Finally, on March 9, 2012, plaintiff filed a notice of change of address in which he

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states, inter alia, that he is currently without his legal material and that he requires a court order

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to use the prison law library. Plaintiff is informed that the deadline for filing pretrial motions in

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this action is April 20, 2012.
In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s February 15, 2012 motion for extension of time to conduct

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discovery is denied; and
2. Plaintiff’s February 15, 2012 and March 8, 2012 motions for the appointment

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of counsel are denied.

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DATED: March 19, 2012.

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nels2156.31

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