Whitney v. Miranda et al

Filing 22

ORDER signed by Magistrate Judge Edmund F. Brennan on 05/05/11 ordering that plaintiff's 04/22/11 request for appointment of counsel and 05/02/11 request for an extension of time 20 , 21 are 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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NORMAN WHITNEY,

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Plaintiff,

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vs.
R. MIRANDA, et al.,
Defendants.

ORDER
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No. CIV S-10-2532 KJM EFB P

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

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U.S.C. § 1983. He has 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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Plaintiff has also requested that the court grant him a 30-day extension of time to respond

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to defendants’ answer to his complaint. A reply to an answer is not an authorized pleading and

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plaintiff is advised that no response is therefore due. As plaintiff need not file a response, his

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request is denied as unnecessary.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s April 22, 2011 request for

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appointment of counsel, and his May 2, 2011 request for an extension of time, are denied.

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DATED: May 5, 2011.

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