Crisp v. Williams, et al.
Filing
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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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