Chappell v. Fleming et al

Filing 61

ORDER signed by Magistrate Judge Allison Claire on 11/6/13 ORDERING that Plaintiffs request for the appointment of counsel (ECF No. 60 ) is DENIED; Plaintiffs request for an extension of time (ECF No. 59 ) is GRANTED; and Plaintiff is granted 45 days from the date of this order in which to file oppositions to the pending motions to dismiss. No further extensions of time will be granted. (Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REX CHAPPELL, 12 13 14 15 No. 2:12-cv-0234 MCE AC P Plaintiff, v. ORDER B. FLEMING, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se in this action seeking relief pursuant to 42 18 U.S.C. § 1983. Plaintiff has requested the appointment of counsel. The United States Supreme 19 Court has ruled that district courts lack authority to require counsel to represent indigent prisoners 20 in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain 21 exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 22 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. 23 Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find 24 the required exceptional circumstances. Plaintiff’s request for the appointment of counsel will 25 therefore be denied. 26 Plaintiff has also filed his second request for an extension of time to oppose the pending 27 motions to dismiss filed by defendants on July 12, 2013, August 15, 2013, and August 23, 2013. 28 Good cause appearing, the request will be granted. No further extensions of time will be granted. 1 1 IT IS HEREBY ORDERED that: 2 1. Plaintiff’s request for the appointment of counsel (ECF No. 60) is denied; 3 2. Plaintiff’s request for an extension of time (ECF No. 59) is granted; and 4 3. Plaintiff is granted forty-five days from the date of this order in which to file 5 oppositions to the pending motions to dismiss. No further extensions of time will be granted. 6 DATED: November 6, 2013 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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