Logan v. Horwitz, et al.

Filing 20

ORDER signed by Magistrate Judge Allison Claire on 4/16/2015 ORDERING that plaintiff's document at ECF No. 19 is CONSTRUED as a motion for extension of time to file a certified prison trust account statement and is GRANTED. Plaintiff shall have an additional 30 days, up to 5/25/2015, to file a certified copy of his prison trust account statement. Plaintiff's 14 motion to amend is DENIED. Plaintiff's 18 motion to appoint counsel is DENIED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES DAVID LOGAN, II,

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Plaintiff,

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No. 2:15-cv-00121 AC P

v.

ORDER

EVALYN HORWITZ, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. ECF No. 1. Currently before the court are plaintiff’s application to proceed in

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forma pauperis (ECF No. 11), motion to amend the complaint (ECF No. 14), motion to appoint

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counsel (ECF No. 18), and a document alleging that it is difficult for plaintiff to get to the prison

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law library (ECF No. 19).

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I.

Application to Proceed In Forma Pauperis and Law Library Access

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By order filed March 25, 2015, plaintiff was given thirty days to provide a certified copy

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of his prison trust account statement to supplement his application to proceed in forma pauperis.

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ECF No. 16. He was warned that failure to provide a certified statement would result in a

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recommendation that the action be dismissed. Id. His current deadline to provide a certified

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statement is April 24, 2015. Plaintiff has now filed a document in which he states it is difficult

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for him to get to the prison law library, and though unclear, it appears that he may be attempting

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to request additional time to provide a certified copy of his prison trust account statement. ECF

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No. 19. The court will construe the document as a motion to extend the time to provide a

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certified copy of his prison trust account statement, and grant the motion as so construed.

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II.

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Motion to Amend
On March 18, 2015, plaintiff filed a motion for leave to amend his complaint. ECF No.

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14. Plaintiff’s motion was not, however, accompanied by a proposed amended complaint. As a

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prisoner, plaintiff’s pleadings are subject to evaluation by this court pursuant to Prison Litigation

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Reform Act screening requirement. See 28 U.S.C. § 1915A(a). Since plaintiff did not submit a

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proposed amended complaint, the court is unable to evaluate it. Plaintiff’s motion for leave to

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amend must therefore be denied. Moreover, any further efforts to amend the complaint will not

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be addressed unless and until plaintiff either (1) submits a certified copy of his prison trust

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account statement to support his application to proceed in forma pauperis, or (2) pays the filing

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fee.

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III.

Motion for Counsel

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Plaintiff has requested the appointment of counsel. ECF No. 18. The United States

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Supreme Court has ruled that district courts lack authority to require counsel to represent indigent

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prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In

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certain exceptional circumstances, the court may request the voluntary assistance of counsel

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pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991);

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Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court

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does not find the required exceptional circumstances. Plaintiff’s request for the appointment of

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counsel will therefore be denied.

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IV.

Conclusion

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s document at ECF No. 19 is construed as a motion for an extension of the

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time to file a certified prison trust account statement and is granted. Plaintiff shall have an

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additional thirty days, up to May 25, 2015, to file a certified copy of his prison trust account

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statement.
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2. Plaintiff’s motion to amend (ECF No. 14) is denied.

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3. Plaintiff’s motion to appoint counsel (ECF No. 18) is denied.

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DATED: April 16, 2015

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