Shaw v. Sacramento County Sheriff's Department

Filing 7

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/22/2016 ORDERING that plaintiff is GRANTED an extension of time to 8/25/2016 to file an amended complaint. Plaintiff's 6 Motion to Appoint Counsel is DENIED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHEENA SHAW,

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No. 2:16-cv-0729 TLN CKD PS
Plaintiff,

v.

ORDER

SACRAMENTO COUNTY SHERIFF’S
DEPARTMENT,
Defendant.

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Plaintiff has requested a continuance of this action. It appears that plaintiff is asking for a

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further extension of time to file an amended complaint. Plaintiff was previously granted a 60 day

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extension of time. Plaintiff will be granted one final extension.

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Plaintiff has also requested 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. 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). 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). In the present case, the court does not find

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the required exceptional circumstances. Plaintiff’s request for the appointment of counsel will

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therefore be denied.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff is granted an extension of time to August 25, 2016 to file an amended

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complaint in compliance with the court’s April 19, 2016 order. Plaintiff is cautioned that failure

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timely file an amended complaint will result in a recommendation that this action be dismissed

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without prejudice.

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2. Plaintiff’s motion for appointment of counsel (ECF No. 6) is denied.
Dated: July 22, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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