Thomas v. Roberts et al
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/28/2017 GRANTING plaintiff's 20 request for an extension of time to file an amended complaint; plaintiff shall file his amended complaint within 30 days; failure to file an amended complaint within 30 days will result in dismissal; and plaintiff's 20 motion for the appointment of 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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JOSH THOMAS,
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No. 2:16-cv-0724 CKD P
Plaintiff,
v.
ORDER
BRIAN ROBERTS, et al.,
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Defendants.
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Plaintiff has filed a request for an extension of time to file an amended complaint. Good
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cause appearing, plaintiff’s request will be granted. Plaintiff’s amended complaint will be due
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within 30 days,
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Plaintiff has also requested appointment of counsel. The court cannot require an attorney
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to represent a plaintiff who cannot pay for the attorney’s services. Mallard v. United States Dist.
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Court, 490 U.S. 296, 298 (1989). However, under the federal in forma pauperis statute, 28 U.S.C.
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§ 1915, the court may request that an attorney represent a person unable to afford counsel. 28
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U.S.C. § 1915(e)(1). The court will make that request only when there are exceptional
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circumstances. When determining whether “exceptional circumstances” exist, the court
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considers, among other things, plaintiff's likelihood of success on the merits as well as the ability
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of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues
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involved. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). While the court is aware of the
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difficulties attendant to litigating an action while incarcerated, circumstances common to most
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prisoners do not establish “exceptional circumstances.”
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In the present case, the court does not find the required exceptional circumstances at this
stage of these proceedings.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s request for an extension of time to file an amended complaint (ECF No. 20)
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is granted;
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2. Plaintiff shall file his amended complaint within 30 days;
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3. Failure to file an amended complaint within 30 days will result in dismissal; and
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4. Plaintiff’s motion for the appointment of counsel is denied.
Dated: February 28, 2017
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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