Crisp v. Williams, et al.

Filing 13

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/2/15 ORDERING that Plaintiffs request for an extension of time 12 is granted; Plaintiff is granted thirty days from the date of this order in which to file an amended complaint; and Plaintiffs request for the appointment of counsel is denied. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OBIE L. CRISP, III,

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Plaintiff,

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No. 2:14-cv-2827 JAM CKD P

v.

ORDER

G. WILLIAMS, et al.,

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Defendants.

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Plaintiff has requested an extension of time to file an amended complaint. Good cause

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appearing, this request will be granted. In addition, plaintiff has requested the appointment of

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counsel. 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). In the present

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case, the court does not find the required exceptional circumstances. Plaintiff’s request for the

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appointment of counsel will therefore be denied.

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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
3. Plaintiff’s request for the appointment of counsel is denied.
Dated: April 2, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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