Mora v. California Correctional Center

Filing 19

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/9/2016 ORDERING plaintiff's 14 motion for appointment of counsel is DENIED without prejudice. Plaintiff's 15 request to proceed IFP is GRANTED. Plaintiff's 16 , 18 request for an extension of time to file a third amended complaint is GRANTED. Plaintiff must file a third amended complaint within 30 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC MORA,

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Plaintiff,

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No. 2:14-cv-0581-EFB P

v.

ORDER

CALIFORNIA CORRECTIONAL
CENTER, et. al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
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U.S.C. § 1983. He has paid the filing fee.
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On December 11, 2015, the court granted plaintiff an extension of time to file a second
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amended complaint. ECF No. 11. On January 12, 2016, plaintiff filed a second amended
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complaint.1 ECF No. 13. Thereafter, plaintiff filed a motion to appoint counsel, a motion for

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leave to proceed in forma pauperis, and a request for an extension of time to file a third amended
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complaint. ECF Nos. 14, 15, 16, 18. Plaintiff’s motions are addressed below.
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However, the court cannot conduct the required screening of this complaint pursuant to
28 U.S.C. § 1915A because plaintiff did not sign it. See Fed. R. Civ. P. 11(a); E.D. Cal., Local
Rule 183(a).
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I.

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Plaintiff requests that the court appoint counsel. District courts lack authority to require

Motion for Appointment of Counsel

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counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist.

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Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request an attorney

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to voluntarily to represent such a plaintiff. See 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935

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F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990).

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When determining whether “exceptional circumstances” exist, the court must consider the

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likelihood of success on the merits as well as the ability of the plaintiff to articulate his claims pro

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se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970

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(9th Cir. 2009). Having considered those factors, the court finds there are no exceptional

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circumstances in this case.

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II.

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Plaintiff’s application makes the showing required by 28 U.S.C. § 1915(a)(1) and (2).

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Motion for Leave to Proceed In Forma Pauperis

Accordingly, plaintiff’s request will be granted.

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III.

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Plaintiff seeks leave to file a third amended complaint. Good cause appearing, plaintiff’s

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Request for Extension of Time

request will be granted.

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IV.

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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. 14) is denied without

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Summary of Order

prejudice.

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2. Plaintiff’s request for leave to proceed in forma pauperis (ECF No. 15) is granted.

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3. Plaintiff’s request for an extension of time to file a third amended complaint (ECF

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Nos. 16, 18) is granted. Plaintiff must file a third amended complaint within 30 days

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from the date of this order. The complaint must bear the docket number assigned to

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this case and be titled “Third Amended Complaint.” Failure to comply with this order

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may result in dismissal of this action for failure to prosecute. If plaintiff files an

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amended complaint stating a cognizable claim the court will proceed with service

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of process by the United States Marshal.

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Dated: March 9, 2016.

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