Ramirez v. Swingle et al

Filing 59

ORDER signed by Magistrate Judge Kendall J. Newman on 08/17/12 denying 57 Motion to Appoint Counsel and granting 58 Motion for Extension of time. Plaintiff's objections to the 07/26/12 findings and recommendations and hi opposition to defendants' summary judgment motion are due on or before 09/12/12. (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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ANDREW RAMIREZ,

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Plaintiff,

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vs.
D. SWINGLE, et al.,
Defendants.

ORDER
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No. 2:11-cv-0045 LKK KJN 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 motion for the appointment of

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counsel will therefore be denied.

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In addition, on August 13, 2012 plaintiff filed a motion for a forty-five day

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extension of time. Plaintiff appears to request an extension of time to file objections to the July

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26, 2012 findings and recommendations recommending that his motion for injunctive relief be
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denied. The grounds of this request are that High Desert State Prison is on lockdown. While

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plaintiff’s motion for extension of time does not directly address defendants’ summary judgment

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motion filed July 20, 2012, the undersigned construes plaintiff’s motion as seeking an extension

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of time to file an opposition to this motion.
Plaintiff is granted thirty days from August 13, 2012 to file his objections and

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opposition.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s August 13, 2012 motion for the appointment of counsel (Dkt. No.

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57) is denied;
2. Plaintiff’s August 13, 2012 motion for an extension of time (Dkt. No. 58) is

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granted; and

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3. Plaintiff’s objections to July 26, 2012 findings and recommendations and his

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opposition to defendants’ summary judgment motion are due on or before September 12, 2012.

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DATED: August 17, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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rami0045.31+36

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