West v. Pettigrew et al

Filing 26

ORDER signed by Magistrate Judge John F. Moulds on 01/27/12 granting 24 Motion for Extension of time. Plaintiff is granted until 02/23/12 in which to file and serve an opposition to defendants' motion to dismiss. Defendants' reply, if any, shall be filed within 7 days thereafter. Plaintiff's 1/23/12 motion for appointment of counsel 25 is denied without prejudice. (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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MACK WEST,

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Plaintiff,

No. 2:11-cv-1692 JFM (PC)

vs.
RYAN PETTIGREW, et al.,
Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. On January 23, 2012, plaintiff filed a motion for a second extension of time to

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file an opposition to defendants’ October 20, 2011 motion to dismiss Plaintiff also filed a

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motion for appointment of counsel.

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The basis for both of plaintiff’s motions is his representation that he has been

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placed on suicide watch following his reporting to medical staff that he had attempted suicide

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and because of that placement he has no access to his legal property, in which is a request for

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leave to amend and an opposition to defendants’ motion to dismiss. Good cause appearing,

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plaintiff’s request for an extension of time will be granted.

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

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require counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist.

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Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the

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voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d

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1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). At
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the present time, the court does not find exceptional circumstances warranting more than an

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extension of time as requested. Plaintiff’s request for the appointment of counsel will therefore

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be denied without prejudice.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s January 23, 2012 motion for an extension of time is granted;

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2. Plaintiff is granted until February 23, 2012 in which to file and serve an

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opposition to defendants’ motion to dismiss;

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3. Defendants’ reply, if any, shall be filed within seven days thereafter;

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4. Plaintiff’s January 23, 2012 motion for appointment of counsel is denied

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without prejudice.

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DATED: January 27, 2012.

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