Rodriguez v. Vega
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/17/16; GRANTING 40 Motion for Extension of time. Plaintiff has thirty (30) days from the date of this order in which to file a reply. DENYING request for 40 Motion for Appointment of Counsel. The Clerk of the Court is directed to send plaintiff the form for filing a civil rights action under 42 U.S.C. § 1983 by a prisoner.(Washington, S)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
JOSE DEJESUS RODRIGUEZ,
No. 2:15-cv-0158 GGH PS
This action was voluntarily dismissed on December 22, 2015. 1 On August 18, 2016,
plaintiff filed a document which the court has now construed as a motion for relief from judgment
under Federal Rule of Civil Procedure 60(b). (ECF No. 36.) Defendant has filed a response;
however, plaintiff has not filed a reply. Pursuant to plaintiff’s recent filings which indicate that
he is now incarcerated at San Joaquin County Jail, and needs extra time in which to respond to
filings, he will be granted an extension in which to file a reply to defendant’s response. (ECF No.
Plaintiff has also requested the appointment of counsel. The United States Supreme Court
has ruled that district courts lack authority to require counsel to represent indigent prisoners in §
1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain
This action is before the undersigned pursuant to the parties’ consent to proceed before a
magistrate judge. 28 U.S.C. § 636(c).
exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to
28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v.
Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find
the required exceptional circumstances. Plaintiff’s request for the appointment of counsel will
therefore be denied.
In his letter filed September 22, 2016, plaintiff additionally complains of how he is being
treated while at San Joaquin County Jail, and that he is not being medically treated for a left
elbow injury. (ECF No. 42.) Plaintiff is advised that he may not litigate these new matters in the
instant case, but may file a new civil rights action under 42 U.S.C. § 1983 as he sees fit.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff’s request for extension of time in which to file a reply to defendant’s response
to his Rule 60(b) motion, (ECF No. 40), is granted.
2. Plaintiff is granted thirty (30) days from the date of this order in which to file a reply.
3. Plaintiff’s request for the appointment of counsel, (ECF No. 40), is denied.
The Clerk of the Court is directed to send plaintiff the form for filing a civil rights
action under 42 U.S.C. § 1983 by a prisoner.
Dated: October 17, 2016
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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