Brown v. Miller et al

Filing 14

ORDER signed by Magistrate Judge Craig M. Kellison on 7/6/16 ORDERING that plaintiff's motion for an extension of time (Doc. 13 ) is GRANTED; Plaintiff may file objections to the courts February 24, 2016, findings andrecommendations within 30 days of the date of this order; and Plaintiff's request for the appointment of counsel (Doc. 13 ) is DENIED.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEXTER BROWN,
Plaintiff,

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No. 2:15-CV-1687-GEB-CMK-P

vs.

ORDER

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MONICA MILLER, et al.,

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Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for an extension of time (Doc.

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13) to file objections to the court’s February 24, 2016, findings and recommendations. Good

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cause appearing therefor, the request is granted. Plaintiff’s objections are due within 30 days of

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the date of this order.

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Plaintiff also seeks the appointment of counsel. The United States Supreme Court

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

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

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exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to

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28 U.S.C. § 1915(e)(1). See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v.
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Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). A finding of “exceptional

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circumstances” requires an evaluation of both the likelihood of success on the merits and the

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ability of the plaintiff to articulate his claims on his own in light of the complexity of the legal

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issues involved. See Terrell, 935 F.2d at 1017. Neither factor is dispositive and both must be

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viewed together before reaching a decision. See id.

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In the present case, the court does not at this time find the required exceptional

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circumstances. First, plaintiff has demonstrated an ability to articulate his claims on his own.

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Second, for the reasons outlined in the February 24, 2016, findings and recommendations, there

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appears little likelihood of success on the merits.

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s motion for an extension of time (Doc. 13) is granted;

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2.

Plaintiff may file objections to the court’s February 24, 2016, findings and

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recommendations within 30 days of the date of this order; and
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Plaintiff’s request for the appointment of counsel (Doc. 13) is denied.

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DATED: July 6, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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