Robben v. Wagoner et al

Filing 12

ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/14/17 ORDERING that plaintiff's 11 Motion to Appoint Counsel is DENIED; plaintiff' s 11 Motion for Extension of Time is GRANTED; plaintiff has 30 days to file amended complaint. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TODD ROBBEN,

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No. 2:16-cv-3022 JAM CKD P
Plaintiff,

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v.

ORDER

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JAMES R. WAGONER, et al.,

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Defendants.

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Plaintiff, an El Dorado County Jail inmate proceeding pro se and in forma pauperis, has

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requested appointment of counsel. The court cannot require an attorney to represent a plaintiff

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who cannot pay for the attorney’s services. Mallard v. United States Dist. Court, 490 U.S. 296,

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298 (1989). However, under the federal in forma pauperis statute, 28 U.S.C. § 1915, the court

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may request that an attorney represent a person unable to afford counsel. 28 U.S.C. § 1915(e)(1).

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The court will make that request only when there are exceptional circumstances. When

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determining whether “exceptional circumstances” exist, the court considers, among other things,

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plaintiff's likelihood of success on the merits as well as the ability of the plaintiff to articulate his

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claims pro se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d

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965, 970 (9th Cir. 2009). While the court is aware of the difficulties attendant to litigating an

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action while incarcerated, circumstances common to most prisoners do not establish “exceptional

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circumstances.” In the present case, the court does not find the required exceptional

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circumstances at this stage of these proceedings.

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Plaintiff has also filed a motion for extension of time to file an amended complaint. Good
cause appearing, that request will be granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for the appointment of counsel (ECF No. 11) is denied.

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2. Plaintiff’s motion for an extension of time (ECF No. 11) is granted; and

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3. Plaintiff is granted thirty days from the date of this order in which to file an amended

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complaint. Failure to file an amended complaint within 30 days will result in a recommendation

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that this action be dismissed.

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Dated: April 14, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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