Crane v. McDonald et al

Filing 49

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/3/12 ORDERING that Plaintiffs November 26, 2012 motion for an extension of time 47 is denied as moot, as the court accepts plaintiffs reply filed on November 29, 2012; and Petitioners motion to appoint counsel 45 is denied. (Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

RICHARD JOSEPH CRANE,

11
12

Plaintiff,

No. 2:11-cv-0663 KJM CKD P

vs.

13

MIKE McDONALD, et al.,

14

Defendants.

15
16

ORDER
/

Plaintiff has requested an extension of time to file a reply in support of his

17

September 14, 2012 motion for preliminary injunction. (Dkt. No. 47.) However, plaintiff was

18

earlier granted an extension of time to file a reply (Dkt. No. 40), and the docket indicates that he

19

constructively filed a reply within the allotted time. (Dkt. No. 48 (proof of service signed

20

November 26, 2012).) Accordingly his motion to extend time will be denied as moot.

21

Plaintiff has also requested the appointment of counsel. (Dkt. No. 45.) The

22

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

23

represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296,

24

298 (1989). In certain exceptional circumstances, the court may request the voluntary assistance

25

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

26

1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the

1

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

2

appointment of counsel will therefore be denied.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1. Plaintiff’s November 26, 2012 motion for an extension of time (Dkt. No. 47) is

5

denied as moot, as the court accepts plaintiff’s reply filed on November 29, 2012; and

6

2. Petitioner’s motion to appoint counsel (Dkt. No. 45) is denied.

7

Dated: December 3, 2012

8

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
2

13
14
15
16
17
18
19
20
21
22
23
24
25
26

cran0663.36(3)