Downs v. California Attorney General

Filing 44

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/3/2013 ORDERING that plaintiff's 42 motion for the appointment of counsel is DENIED; plantiff's 42 request for an extension of time is GRANTED; plaintiff has 30 days to fil e and serve objections to the 11/1/13 findings and recommendations; plaintiff's request to be transferred to the Sacramento County Jail is DENIED; plaintiff's request that the court hold a hearing is DENIED; and plaintiff's 43 request for issuance of a writ of habeas corpus ad testificandum is DENIED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY DOWNS,

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Plaintiff,

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No. 2:12-cv-3057 MCE CKD P

v.

ORDER

CALIFORNIA ATTORNEY GENERAL,

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Defendant.

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On November 15, 2013, plaintiff filed a document in which he makes several requests.

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First, he requests the appointment of counsel. The United States Supreme Court has ruled that

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district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases.

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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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Plaintiff also seeks an extension of time to file and serve objections to the court’s

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November 1, 2013 findings and recommendations. Good cause appearing, that request will be

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granted.
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Plaintiff seeks transfer to the Sacramento County Jail. However, the court has no

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authority to enter an order transferring plaintiff to the Sacramento County Jail so that request will

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be denied.

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Finally, plaintiff asks that the court hold a hearing, but fails to offer sufficient justification

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for such a hearing. Because there is no cause to hold a hearing at this point in this case, plaintiff’s

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request will be denied, as will plaintiff’s November 27, 2013 request for issuance of a writ of

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habeas corpus ad testificandum directing the Warden at High Desert State Prison to transport

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plaintiff to the court for the hearing.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for the appointment of counsel (ECF No. 42) is denied;

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2. Plaintiff’s request for an extension of time is granted;

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3. Plaintiff is granted thirty days from the date of this order in which to file and serve

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objections to the court’s November 1, 2013 findings and recommendations;

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4. Plaintiff’s request to be transferred to the Sacramento County Jail is denied;

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5. Plaintiff’s request that the court hold a hearing is denied; and

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6. Plaintiff’s request for issuance of a writ of habeas corpus ad testificandum (ECF No.

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43) is denied.

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Dated: December 3, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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