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)

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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

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