Tunstall v. Duffy et al
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 04/13/15 ordering plaintiff's application for leave to proceed in forma pauperis is granted and the clerk shall terminate docket numbers 8 , 9 , and 10 . Plaintiff shall pay the statutory filing fee of $3350.00 for this action. The fee shall be collected in accordance with the court's CDC order filed concurrently herewith. Plaintiff's requests for appointment of counsel 3 , 11 , and 12 are denied without prejudice. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT WILLIAM TUNSTALL, JR.,
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Plaintiff,
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No. 2:14-cv-2259-JAM-EFB P
v.
ORDER
BRIAN DUFFY, et al.,
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Defendants.
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Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in an action
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brought under 42 U.S.C. § 1983. In addition to filing a complaint, plaintiff has filed an
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application to proceed in forma pauperis (IFP) pursuant to 28 U.S.C. § 1915 and three requests
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for appointment of counsel.1
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Plaintiff’s IFP application makes the showing required by 28 U.S.C. § 1915(a)(1) and (2).
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Accordingly, by separate order, the court directs the agency having custody of plaintiff to collect
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and forward the appropriate monthly payments for the filing fee as set forth in 28 U.S.C.
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§ 1915(b)(1) and (2).
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In due course, the court will screen the complaint pursuant to 28 U.S.C. § 1915A.
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District courts lack authority to require counsel to represent indigent prisoners in section
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1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional
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circumstances, the court may request an attorney to voluntarily to represent such a plaintiff. See
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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). When determining whether “exceptional
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circumstances” exist, the court must consider the likelihood of success on the merits as well as the
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ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues
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involved. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). Having considered those factors,
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the court finds there are no exceptional circumstances in this case.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s application for leave to proceed in forma pauperis is granted and the Clerk
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shall terminate docket numbers 8, 9, and 10.
2. Plaintiff shall pay the statutory filing fee of $350. All payments shall be collected in
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accordance with the notice to the California Department of Corrections and
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Rehabilitation, filed concurrently herewith.
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3. Plaintiff’s requests for the appointment of counsel (ECF Nos. 3, 11, 12) are denied
without prejudice.
DATED: April 13, 2015.
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