Smith v. Kiesz et al

Filing 51

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/13/2013 GRANTING defendant's 49 motion for an extension of time, defendant has up to and including 6/18/13 to file an opposition to plaintiff's motions to compel; GRANTING plainti ff's 47 motion to stay and 50 motion for a 30 day extension of time, plaintiff's response to defendant's motion for summary judgment is due 30 days after this court resolves the two pending discovery motions; and DENYING plaintiff's 42 request for the appointment of counsel. CASE STAYED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID SMITH,

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Plaintiff,

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No. 2:11-cv-1918 JAM CKD P

v.

ORDER

KIESZ,

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Defendant.

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Plaintiff, a former state prisoner, proceeds pro se with a civil rights complaint filed pursuant

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to 42 U.S.C. § 1983. Several motions are pending.

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Plaintiff has filed two motions to compel. (ECF Nos. 39, 41.) Defendant has requested a

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seven day extension of time to file an opposition to the motions. (ECF No. 49.) Good cause

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appearing, defendant’s motion will be granted.
Defendant’s motion for summary judgment is pending. (ECF No. 43.) Plaintiff has filed a

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motion for a 30 day extension of time to respond to the motion (ECF No. 50), and in addition, a

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motion to stay (ECF No. 46, 47) asking the court to “stay” defendant’s motion for summary

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judgment due to the unresolved discovery motions. Good cause appearing, plaintiff’s motions

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will be granted and plaintiff’s response to defendant’s motion for summary judgment will be due

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30 days after this court resolves the two pending discovery motions (ECF Nos. 39, 41).

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Plaintiff has also requested the appointment of counsel. The United States Supreme Court has

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ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983

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cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional

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circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. §

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1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900

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F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find the required

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exceptional circumstances. Plaintiff’s request for the appointment of counsel will therefore be

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denied.

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Accordingly, IT IS HEREBY ORDERED that
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Defendant’s motion for extension of time (ECF No. 49) is GRANTED; defendant has

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up to and including June 18, 2013 to file an opposition to plaintiff’s motions to

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compel.

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2. Plaintiff’s motion to stay (ECF No. 47) and motion for a 30 day extension of time

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(ECF No. 50) are GRANTED. Plaintiff’s response to defendant’s motion for

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summary judgment is due 30 days after this court resolves the two pending discovery

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motions.

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3. Plaintiff’s request for the appointment of counsel (ECF No. 42) is DENIED.
Dated: June 13, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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smit.1918.misc

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