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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TODD ROBBEN, 12 No. 2:16-cv-3022 JAM CKD P Plaintiff, 13 v. ORDER 14 JAMES R. WAGONER, et al., 15 Defendants. 16 17 Plaintiff, an El Dorado County Jail inmate proceeding pro se and in forma pauperis, has 18 requested appointment of counsel. The court cannot require an attorney to represent a plaintiff 19 who cannot pay for the attorney’s services. Mallard v. United States Dist. Court, 490 U.S. 296, 20 298 (1989). However, under the federal in forma pauperis statute, 28 U.S.C. § 1915, the court 21 may request that an attorney represent a person unable to afford counsel. 28 U.S.C. § 1915(e)(1). 22 The court will make that request only when there are exceptional circumstances. When 23 determining whether “exceptional circumstances” exist, the court considers, among other things, 24 plaintiff's likelihood of success on the merits as well as the ability of the plaintiff to articulate his 25 claims pro se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 26 965, 970 (9th Cir. 2009). While the court is aware of the difficulties attendant to litigating an 27 action while incarcerated, circumstances common to most prisoners do not establish “exceptional 28 ///// 1 1 circumstances.” In the present case, the court does not find the required exceptional 2 circumstances at this stage of these proceedings. 3 4 Plaintiff has also filed a motion for extension of time to file an amended complaint. Good cause appearing, that request will be granted. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Plaintiff’s motion for the appointment of counsel (ECF No. 11) is denied. 7 2. Plaintiff’s motion for an extension of time (ECF No. 11) is granted; and 8 3. Plaintiff is granted thirty days from the date of this order in which to file an amended 9 complaint. Failure to file an amended complaint within 30 days will result in a recommendation 10 that this action be dismissed. 11 Dated: April 14, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 1/mp robb3022.31+36 17 18 19 20 21 22 23 24 25 26 27 28 2

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