DeJesus v. Martel,et al.,
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/11/17 denying 16 Motion to Appoint Counsel and granting 16 Motion for Extension of time. Plaintiff is granted 120 days from the date of this order in which to file a second amended complaint. (Plummer, M) Modified on 7/12/2017 (Owen, K).
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LEONICIO DEJESUS,
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No. 2:16-cv-2375 KJM CKD
Plaintiff,
v.
ORDER
MICHAEL MARTEL, et al,
Defendants.
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Plaintiff is a state prisoner proceeding pro se in an action brought under 42 U.S.C. § 1983.
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Plaintiff requests that the court appoint counsel. District courts lack authority to require counsel
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to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490
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U.S. 296, 298 (1989). In exceptional circumstances, the court may request an attorney to
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voluntarily represent such a plaintiff. See 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935 F.2d
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1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990).
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When determining whether “exceptional circumstances” exist, the court must consider plaintiff’s
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likelihood of success on the merits as well as the ability of the plaintiff to articulate his claims pro
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se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970
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(9th Cir. 2009) (district court did not abuse discretion in declining to appoint counsel). The
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burden of demonstrating exceptional circumstances is on the plaintiff. Id. Circumstances
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common to most prisoners, such as lack of legal education and limited law library access, do not
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establish exceptional circumstances that warrant a request for voluntary assistance of counsel.
Having considered the factors under Palmer, the court finds that plaintiff has failed to
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meet his burden of demonstrating exceptional circumstances warranting the appointment of
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counsel at this time.
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Additionally, Plaintiff has filed a motion for extension of time to file a second amended
complaint.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff’s request for the appointment of counsel (ECF No. 16) is denied without
prejudice;
2. Plaintiff’s motion for an extension of time (ECF No. 16) is granted; and
3. Plaintiff is granted one hundred and twenty days from the date of this order in which to
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file a second amended complaint.
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Dated: July 11, 2017
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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deje2375.31new+36.docx
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