Lavery v. Dhillon

Filing 215

ORDER signed by Magistrate Judge Allison Claire on 03/09/20 DENYING 214 Motion to Appoint Counsel. Plaintiff shall have thirty days from the date of this order within which to file his opposition to defendants motion for summary judgment. the Cle rk of Court shall re-serve the followingdocuments on plaintiff at his new address: The courts service order dated December 24, 2014 (ECF No. 36), and the courts March 2, 2020 order directing plaintiff to file an opposition to defendant Dhillons motion for summary judgment 212 . (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH LAVERY,

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Plaintiff,

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No. 2:13-cv-2083 MCE AC P

v.

ORDER

B. DHILLON, et al.

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Defendants.

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Plaintiff has requested the appointment of counsel to assist him with opposing defendant

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Dhillon’s motion for summary judgment. ECF No. 214. In the motion, plaintiff also informs the

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court of a change of address. Presumably as a result of the move, he does not have access to the

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legal documents he needs to respond to defendant’s motion for summary judgment. See generally

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id. at 1.

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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 court may request the voluntary

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assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017

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(9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990).

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In the present case, the court does not find the required exceptional circumstances.

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Plaintiff’s request for the appointment of counsel will therefore be denied. The court will,
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however, also construe plaintiff’s motion as a request for an of time to file his opposition to

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defendant’s motion for summary judgment. That request will be granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for the appointment of counsel (ECF No. 214) is DENIED; and

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2. Plaintiff shall have thirty days from the date of this order within which to file his

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opposition to defendant’s motion for summary judgment. Failure to file an opposition within the

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time allotted may result in a recommendation that defendant’s motion for summary judgment be

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granted.

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IT IS FURTHER ORDERED that the Clerk of Court shall re-serve the following
documents on plaintiff at his new address:

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1. The court’s service order dated December 24, 2014 (ECF No. 36), and

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2. The court’s March 2, 2020 order directing plaintiff to file an opposition to defendant

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Dhillon’s motion for summary judgment (ECF No. 212).

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DATED: March 9, 2020

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