Reyes v. Young et al

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/02/14 ordering plaintiff shall submit within 30 days from the date of this order, a certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint and the certification required on the application form. The clerk of the court shall send plaintiff a new application to proceed in forma pauperis by a prisoner. Plaintiff's motion for appointment of counsel 2 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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DAVID REYES,

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No. 2:14-cv-2711 CKD P
Plaintiff,

v.

ORDER

A. YOUNG, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff has filed a request for leave to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of his prison trust account

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statement for the six month period immediately preceding the filing of the complaint or obtained

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the certification required on the application form. See 28 U.S.C. § 1915(a)(2). Plaintiff will be

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provided the opportunity to submit the completed application and the certified copy in support of

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his application to proceed in forma pauperis.

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Plaintiff has requested the appointment of counsel. The United States Supreme Court has

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ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983

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cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional

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circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. §

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1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900
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F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find the required

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exceptional circumstances. Plaintiff’s request for the appointment of counsel will therefore be

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denied.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of

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his prison trust account statement for the six month period immediately preceding the filing of the

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complaint and the certification required on the application form. Plaintiff’s failure to comply

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with this order will result in a recommendation that this action be dismissed without prejudice.

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2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis By a Prisoner; and
3. Plaintiff’s motion for appointment of counsel is denied.

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Dated: December 2, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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