Garcia v. California Department of Correction & Rehabilitation, et al
Filing
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ORDER signed by Magistrate Judge Allison Claire on 5/8/2014 GRANTING plaintiff's 12 request for an extension fo time; plaintiff has 30 days to file an amended complaint ; and DENYING plaintiff's 12 motion for the appointment counsel. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DANNY R. GARCIA,
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No. 2:13-cv-1952 AC P
Plaintiff,
v.
ORDER
C/O HEATH, et al.,
Defendants.
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Plaintiff, a state prisoner proceeding pro se with a civil rights action, has filed his second
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request for an extension of time to file an amended complaint pursuant to the court’s order of
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January 22, 2014. Plaintiff has also requested the appointment of counsel.
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The United States Supreme Court has ruled that district courts lack authority to require
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counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490
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U.S. 296, 298 (1989). In certain exceptional circumstances, the district court may request the
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voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d
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1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990).
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The test for exceptional circumstances requires the court to evaluate the plaintiff’s
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likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in
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light of the complexity of the legal issues involved. See Wilborn v. Escalderon, 789 F.2d 1328,
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1331 (9th Cir. 1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Circumstances
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common to most prisoners, such as lack of legal education and limited law library access, do not
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establish exceptional circumstances that would warrant a request for voluntary assistance of
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counsel. Plaintiff’s request for counsel appears to relate primarily to his recent medical concerns.
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Plaintiff indicates that he was interrupted in the preparation of his amended complaint by a
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medical condition which required a hospital stay from which his anticipated return was April 17,
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2014. ECF No. 12. He had received a prior extension of time to file his amended complaint until
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April 21, 2014. ECF No. 11. The court finds good cause to extend further the time for plaintiff
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to file his amended complaint but does not find, in the present case, the required exceptional
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circumstances for appointment of counsel.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s request for an extension of time (ECF No. 12) is granted;
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2. Plaintiff is granted thirty days from the date of this order in which to file an amended
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complaint; and
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3. Plaintiff’s April 21, 2014 motion for the appointment of counsel (ECF No. 12) is
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denied.
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DATED: May 8, 2014
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