Olson v. Slote et al

Filing 6

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/20/2017 re 5 Motion, DENYING plaintiff's request for appointment of counsel and GRANTING 45 days of extension of time from the date of this order to file and amended complaint. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KIMBERLY R. OLSON,

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No. 2:16-cv-956-KJM-EFB PS

Plaintiff,
v.

ORDER

PATRICIA SLOTE, et al.,
Defendants.

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On October 25, 2017, the court dismissed plaintiff’s complaint, explained the deficiencies

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therein, and granted plaintiff thirty days to file an amended complaint. ECF No. 4. Plaintiff now

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requests the court appoint her counsel to assist her in drafting an amended complaint.

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Alternatively, she requests a ninety-day extension of time in which to file an amended complaint.

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ECF No. 5. The request for appointment of counsel is denied and the request for an extension of

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time is granted in part.

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28 U.S.C. § 1915(e)(1) authorizes the appointment of counsel to represent an indigent

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civil litigant in certain exceptional circumstances. See Agyeman v. Corrections Corp. of America,

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390 F.3d 1101, 1103 (9th Cir 2004); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.1991);

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Richards v. Harper, 864 F.2d 85, 87 (9th Cir.1988). In considering whether exceptional

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circumstances exist, the court must evaluate (1) the plaintiff’s likelihood of success on the merits;

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and (2) the ability of the plaintiff to articulate his claims pro se in light of the complexity of the

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legal issues involved. Terrell, 935 F.2d at 1017. The court cannot conclude that plaintiff’s

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likelihood of success, the complexity of the issues, or the degree of plaintiff’s ability to articulate

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her claims amount to exceptional circumstances justifying the appointment of counsel at this

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time. Accordingly, plaintiff’s request for appointment of counsel is denied.

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However, the request for an extension of time to file an amended complaint is granted in

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part. The court notes that preparing an amended complaint does not require extensive legal

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research, as it should not contain any legal citations, but only a short and plain statement of the

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facts showing that plaintiff is entitled to relief. Accordingly, plaintiff’s request for an extension

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of time (ECF No. 5) is granted, to the extent that plaintiff is granted forty-five (45) days from the

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date of this order in which to file the amended complaint. Failure to file an amended complaint

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will result in a recommendation that this action be dismissed. See Fed. R. Civ. P. 41(b).
So Ordered.
DATED: November 20, 2017.

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