Barros v. Minnick, et al

Filing 16

ORDER signed by Magistrate Judge Dale A. Drozd on 10/3/2011 ORDERING that pltf's 14 request for the appointment of counsel is DENIED; pltf's 14 motion for an extension of time is GRANTED in part; and pltf has 60 days to file an amended cmplt as set forth in the court's 9/14/11 order. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN BARROS,
Plaintiff,

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vs.
M. MINNICK, et al.,
Defendants.

ORDER
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No. CIV S-11-0006 DAD P

Plaintiff has requested the appointment of counsel. The United States Supreme

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

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prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In

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certain exceptional circumstances, the court may request the voluntary assistance of counsel

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pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991);

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

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does not find the required exceptional circumstances. Plaintiff’s request for the appointment of

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counsel will therefore be denied.

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Plaintiff has also requested a ninety-day extension of time to file an amended

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complaint. That request will be granted in part. The court will grant plaintiff a sixty-day

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extension of time to file his amended complaint, even though the court would normally grant
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only a thirty day extension of time for the filing of an amended complaint. Although proceeding

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pro se, the court expects plaintiff to proceed diligently and to comply with this court’s orders in a

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timely manner.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s September 20, 2011 request for the appointment of counsel (Doc.

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No. 14) is denied;
2. Plaintiff’s September 20, 2011 motion for an extension of time (Doc. No. 14)

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is granted in part; and
3. Plaintiff is granted sixty days from the service of this order in which to file an

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amended complaint as set forth in the court’s September 14, 2011 order.

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DATED: October 3, 2011.

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DAD:md/4
barr0006.31+36

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