Lucas v. Swarthout et al

Filing 32

ORDER signed by Magistrate Judge Craig M. Kellison on 12/16/11denying 30 Motion to Appoint Counsel and granting 31 Motion for Extension of time. Plaintiff shall file an amended complaint within 30 date of this order. (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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ISIAH LUCAS, JR.,

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No. CIV S-10-3252-GEB-CMK-P

Plaintiff,
vs.

ORDER

GARY SWARTHOUT, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for appointment of counsel

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(Doc. 30), and motion for an extension of time (Doc. 31) to file an amended complaint.

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The United States Supreme Court has ruled that district courts lack authority to

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require counsel to represent indigent prisoners in § 1983 cases. See Mallard v. United States

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

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

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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). In the present case, the court does not at this time find the required exceptional

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circumstances.
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Plaintiff has, however, shown good cause for his extension of time request.

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Plaintiff shall file an amended complaint within 30 days of the date of this order. Plaintiff is

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warned that failure to file an amended complaint within the time provided may result in dismissal

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of this action for lack of prosecution and failure to comply with court rules and orders. See Local

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Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s request for the appointment of counsel (Doc. 30) is denied;

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2.

Plaintiff’s request for additional time to file and amended complaint

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(Doc. 31) is granted; and

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3.

Plaintiff shall file an amended complaint within 30 days of the date of this

order.

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DATED: December 16, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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