Woods v. Curry et al

Filing 35

ORDER Denying Motion to Appoint Counsel and Granting Extension of Time. Signed by Judge Jeffrey S. White on 1/9/13. (jjoS, COURT STAFF) (Filed on 1/9/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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BEN CURRY, et al.,
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Defendants.
__________________________________ )
EARNEST C. WOODS,

No. C 10-1859 JSW (PR)
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
AND GRANTING EXTENSION OF
TIME
(Docket No. 34)

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Plaintiff, a California prisoner proceeding pro se, filed this pro se civil rights
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action pursuant to 42 U.S.C. § 1983. His motion for appointment of counsel (docket
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number 34) is DENIED. There is no constitutional right to counsel in a civil case.
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Lassiter v. Dep't of Social Services, 452 U.S. 18, 25 (1981). 28 U.S.C. § 1915 confers on
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a district court only the power to "request" that counsel represent a litigant who is
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proceeding in forma pauperis. 28 U.S.C. § 1915(e)(1). The Court has only the power to
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ask pro bono counsel to represent plaintiff, not the power to “appoint” counsel. Here,
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plaintiff has presented his claims adequately and the issues are not particularly complex.
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The Court determines that the interests of justice do not require appointment of counsel at

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this stage of the case. The motion (docket number 34) is DENIED.

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Plaintiff has not shown any reason for an extension of time. Rather, the motion
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simply discusses his claims. Nevertheless, in light of Plaintiff’s pro se status, an

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extension of time, to and including January 29, 2013, is GRANTED in which to file an

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amended complaint. As this will allow him nearly four months to amend his complaint,

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no further extension of time will be granted. His failure to file an amended complaint by

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that time and in accordance with the order dismissing his complaint with leave to amend

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will result in the dismissal of this case.

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This order terminates docket number 34.

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IT IS SO ORDERED.

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DATED: January 9, 2013
JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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EARNEST C. WOODS II,

Case Number: CV10-01859 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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BEN CURRY et al,

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Defendant.

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/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on January 9, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Earnest C. Woods D 58091
P.O. Box 689
Soledad, CA 95696

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Dated: January 9, 2013

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk