Khouanmany v. United States Marshals et al

Filing 67

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/26/2018 DENYING plaintiff's 66 request for appointment of counsel and GRANTING her 65 request for an extension of time. Any objections to the 10/19/2018, findings and recommendations shall be filed no later than 120 days from the date of this order. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VILAYCHITH KHOUANMANY,

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No. 2:17-cv-1326-TLN-EFB P

Plaintiff,
v.

ORDER

UNITED STATES MARSHALS, et al.,
Defendants.

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Plaintiff is a federal prisoner proceeding pro se with claims arising under Bivens v. Six

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Unknown Named Agents, 403 U.S. 388 (1971). She requests appointment of counsel as well as a

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120-day extension of time to file objections to the court’s October 19, 2018 findings and

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recommendations. See ECF Nos. 64, 65, 66.

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District courts may authorize the appointment of counsel to represent an indigent civil

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litigant in certain exceptional circumstances. See 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935

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F.2d 1015, 1017 (9th Cir.1991); Wood v. Housewright, 900 F.2d 1332, 1335–36 (9th Cir.1990);

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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 her 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. The court will however, grant plaintiff’s request for an extension of time.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the appointment of

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counsel (ECF No. 66) is denied and her request for a 120-day extension of time to file objections

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to the October 19, 2018 findings and recommendations (ECF No. 65) is granted. Any objections

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to the findings and recommendations shall be filed no later than 120 days from the date of this

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order.

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DATED: November 26, 2018.

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