Sabetta et al v. National Railroad Passenger Corporation et al
Filing
17
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/4/12 ORDERING that Plaintiffs are GRANTED a thirty day extension of time to file a second amended complaint in compliance with the 11/18/11 order. Plaintiffs' Request for Service by Marshal 16 is DENIED without prejudice. Plaintiffs' Request for appointment of Counsel 16 is DENIED. (Mena-Sanchez, L)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
ANNE SABETTA, et al.,
11
Plaintiffs,
12
No. CIV S-11-554 JAM CKD PS
vs.
13
14
NATIONAL RAILROAD PASSENGER
CORPORATION, et al.,
15
Defendants.
16
ORDER
/
17
Plaintiffs are proceeding in this action pro se. By order filed November 18, 2011,
18
the first amended complaint was dismissed and plaintiffs were granted thirty days leave to amend
19
the complaint. Plaintiffs have not filed an amended complaint but have requested a thirty day
20
extension of time to find housing. The court will construe plaintiffs’ request as a request for an
21
extension of time to file an amended complaint.
22
Plaintiffs have also requested that the Marshal be directed to serve summons in
23
this action. The court will decline such request pending review of the second amended
24
complaint, which has yet to be filed.
25
26
Plaintiffs also request appointment of counsel. In certain exceptional
circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C.
1
§ 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright,
2
900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find the required
3
exceptional circumstances. Plaintiffs’ request for the appointment of counsel will therefore be
4
denied.
5
Accordingly, IT IS HEREBY ORDERED that:
6
1. Plaintiffs are granted a thirty day extension of time to file a second amended
7
complaint in compliance with the November 18, 2011 order.
8
9
2. Plaintiffs’ request for service by the Marshal (dkt. no. 16) is denied without
prejudice.
10
3. Plaintiffs’ request for appointment of counsel (dkt. no. 16) is denied.
11
Dated: January 4, 2012
12
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
13
14
15
4
16
sabetta3.eot
17
18
19
20
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?