Carroll v. Knipp et al
Filing
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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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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D. CARROLL,
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Plaintiff,
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No. 2:13-cv-0215 LKK CKD P
v.
ORDER
WILLIAM KNIPP, et al.,
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Defendants.
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On November 4, 2013, the court recommended that this action be dismissed because
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plaintiff had not filed an opposition to defendant Hientschell’s motion to dismiss. Plaintiff has
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now filed his opposition. Therefore, the court’s recommendation will be vacated.
Also, plaintiff has requested the appointment of counsel. The United States Supreme
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Court has ruled that district courts lack authority to require counsel to represent indigent prisoners
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in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain
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exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to
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28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v.
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Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find
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the required exceptional circumstances. Plaintiff’s request for the appointment of counsel will
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therefore be denied.
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/////
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Accordingly, IT IS HEREBY ORDERED that:
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1. The court’s November 4, 2013 recommendation that this action be dismissed is
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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
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