Davis v. Salinas et al

Filing 5

ORDER signed by Magistrate Judge John F. Moulds on 10/11/11 ORDERING that within 30 days from the date of this order, plaintiff shall complete the Notice of Submission and submit to the court a complete Application to Proceed In Forma Pauperis By a P risoner; and a certified copy of plaintiffs prison trust account statement for the six month period immediately preceding the filing of the complaint. Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; Plaintiffs 3 motion for the appointment of counsel is DENIED(Dillon, 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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DANIEL DAVIS,
Plaintiff,

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No. 2:11-cv-2585 JFM (PC)

vs.
S.M. SALINAS, Warden, et al.,
Defendants.

ORDER
/

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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 together with a request for leave to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915. However, the certificate portion of the request which must be completed by

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plaintiff’s institution of incarceration has not been filled out. See 28 U.S.C. § 1915(a)(2).

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Plaintiff will be provided the opportunity to submit a completed in forma pauperis application

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and a certified copy in support of his application.

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In addition, plaintiff has requested the appointment of counsel. The United States

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

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indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298

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

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counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.
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1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the

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

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appointment of counsel will therefore be denied.

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

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1. Within thirty days from the date of this order, plaintiff shall complete the

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attached Notice of Submission and submit the following documents to the court:

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a. A complete Application to Proceed In Forma Pauperis By a Prisoner;
and

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b. a certified copy of plaintiff’s prison trust account statement for the six
month period immediately preceding the filing of the complaint.

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2. The Clerk of the Court is directed to send plaintiff a new Application to
Proceed In Forma Pauperis By a Prisoner; and

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3. Plaintiff’s failure to comply with this order may result in the dismissal of this
action without prejudice.

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4. Plaintiff’s September 30, 2011 motion for the appointment of counsel is

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denied.

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DATED: October 11, 2011.

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/mp014;davi2585.3c+new+31

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL DAVIS,
Plaintiff,

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vs.
S.M. SALINAS, Warden, et al.,

____________________________/
Plaintiff hereby submits the following document in compliance with the court's

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NOTICE OF SUBMISSION

Defendants.

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No. 2:11-cv-2585 JFM (PC)

order filed

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:
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Complete Application to Proceed In Forma Pauperis

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By a Prisoner/Certified Copy of Prison Trust

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Account Statement

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DATED:

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Plaintiff

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