Pasion v. Haviland et al

Filing 34

ORDER signed by Magistrate Judge Gregory G. Hollows on 03/06/12 denying 30 Motion to Appoint Counsel and denying 32 Motion for Extension of time. (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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GEORGE M. PASION,

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Plaintiff,

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vs.
JOHN A. HAVILAND, et al.,
Defendants.

ORDER
/

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No. CIV S-10-3227 GGH P

Plaintiff is a prison inmate proceeding pro se and in forma pauperis with a civil

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rights action. On February 15, 2012, plaintiff filed his third request for the appointment of

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counsel. Plaintiff's previous requests were filed on December 2, 2010, and August 1, 2011. All

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requests were previously denied. The United States Supreme Court has ruled that district courts

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lack authority to require counsel to represent indigent prisoners in § 1983 cases. Mallard v.

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United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the

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court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell

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v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36

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(9th Cir. 1990).

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This case proceeds against one defendant who allegedly retaliated against
plaintiff. Plaintiff alleges that the defendant told him to withdraw a complaint and when plaintiff

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refused, he was placed in administrative segregation. The facts of this case are rather

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straightforward and do not warrant the appointment of counsel.1

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Plaintiff has also requested a 30 day extension to conduct discovery, which ended

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on February 17, 2012. Plaintiff states that due to limited access to the law library and his limited

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knowledge of the law an extension is needed. However, plaintiff fails to state specifically why

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he needs an extension, what additional discovery he requires, why it is relevant and why he was

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unable to request them during the three months of discovery. The motion is denied.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s February 15, 2012, (Docket No. 30) request for counsel is denied;
2. Plaintiff’s motion for an extension (Docket No. 32) is denied.

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DATED: March 6, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:ab

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pasi3227.31thr

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Plaintiff has also requested that a deposition be postponed until counsel is appointed, but
the deposition has since been taken, therefore the request will be disregarded.