Carroll v. Knipp et al

Filing 26

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/05/13 vacating 24 FINDINGS AND RECOMMENDATIONS. Defendant Hientschell is granted until 11/15/13 to file a reply to plaintiff's opposition to defendant Hientschell's motion to dismiss. Plaintiff's request for appointment of counsel 25 is denied. (Plummer, 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 D. CARROLL, 12 Plaintiff, 13 14 No. 2:13-cv-0215 LKK CKD P v. ORDER WILLIAM KNIPP, et al., 15 Defendants. 16 On November 4, 2013, the court recommended that this action be dismissed because 17 18 plaintiff had not filed an opposition to defendant Hientschell’s motion to dismiss. Plaintiff has 19 now filed his opposition. Therefore, the court’s recommendation will be vacated. Also, plaintiff has requested the appointment of counsel. The United States Supreme 20 21 Court has ruled that district courts lack authority to require counsel to represent indigent prisoners 22 in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain 23 exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 24 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. 25 Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find 26 the required exceptional circumstances. Plaintiff’s request for the appointment of counsel will 27 therefore be denied. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The court’s November 4, 2013 recommendation that this action be dismissed is 3 4 5 6 7 vacated; 2. Defendant Hientschell is granted until November 15, 2013 to file a reply to plaintiff’s opposition to defendant Hientschell’s motion to dismiss; and 3. Plaintiff’s request for the appointment of counsel (ECF No. 25) is denied. Dated: November 5, 2013 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 1 carr0215.36 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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