West v. Pettigrew et al

Filing 107

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/05/13 denying 105 Motion to Appoint Counsel and granting 106 Motion for Extension of time. Plaintiff is granted 21 days from the date of this order to file a motion to compel. (Plummer, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 MACK A. WEST, 11 Plaintiff, 12 13 No. 2:11-cv-1692 JAM CKD P v. ORDER RYAN PETTIGREW, et al., 14 Defendants. 15 Plaintiff has requested the appointment of counsel. (ECF No. 105.) The United States 16 17 Supreme Court has ruled that district courts lack authority to require counsel to represent indigent 18 prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In 19 certain exceptional circumstances, the court may request the voluntary assistance of counsel 20 pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); 21 Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court 22 does not find the required exceptional circumstances. Plaintiff’s request for the appointment of 23 counsel will therefore be denied. Plaintiff has also requested a twenty-one day extension of time to file a motion to compel 24 25 pursuant to the court’s order of October 28, 2013. (ECF No. 106.) Good cause appearing, 26 plaintiff’s motion is granted. 27 //// 28 //// 1 IT IS HEREBY ORDERED that: 2 1. Plaintiff’s December 2, 2013 motion for the appointment of counsel (ECF No. 105) is 3 4 5 6 denied; 2. Plaintiff’s December 2, 2013 motion for an extension of time (ECF No. 106) is granted; and 3. Plaintiff is granted twenty-one days from the date of this order in which to file a 7 motion to compel. 8 Dated: December 5, 2013 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 /mp; west1692.31(2) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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