Green v. CDCR et al

Filing 5

ORDER signed by Magistrate Judge Dale A. Drozd on 06/20/11 ordering plaintiff shall submit within 30 days from the date of this order, either the $350.00 filing fee or a properly completed application to proceed in forma pauperis on the form pro vided with this order. Plaintiff's 06/06/11 motion for the appointment of counsel 2 is denied. The clerk of the court is directed to send plaintiff an application to proceed in forma pauperis by a prisoner for use in a civil rights action. (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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KENNETH GREEN,

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Plaintiff,

No. CIV S-11-1515 DAD P

vs.
CALIFORNIA DEP’T OF CORRECTIONS
AND REHABILITATION, et al.,

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Defendants.

ORDER

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/
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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant

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to 42 U.S.C. § 1983. Plaintiff has not paid the required filing fee of $350.00 or filed an

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application to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a) & 1915(a). Plaintiff will be

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granted thirty days to pay the filing fee in full or submit a properly completed application to

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proceed in forma pauperis.

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Plaintiff is cautioned that the in forma pauperis application form includes a

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section that must be completed by a prison official, and the form must be accompanied by a

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certified copy of plaintiff’s prison trust account statement for the six-month period immediately

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preceding the filing of this action.

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Plaintiff has requested the appointment of counsel. The United States Supreme
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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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff shall submit, within thirty days from the date of this order, either the

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$350.00 filing fee or a properly completed application to proceed in forma pauperis on the form

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provided with this order; plaintiff is cautioned that failure to comply with this order or seek an

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extension of time to do so will result in a recommendation that this action be dismissed without

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prejudice;

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2. Plaintiff’s June 6, 2011 motion for the appointment of counsel (Doc. No. 2) is
denied; and

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3. The Clerk of the Court is directed to send plaintiff an Application to Proceed

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In Forma Pauperis By a Prisoner for use in a civil rights action.

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DATED: June 20, 2011.

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DAD:kly/4
gree1515.3a

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