Meadows

Filing 5

ORDER by Judge Edward M. Chen Denying 4 Counsel and Extending Deadline. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 5/18/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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In Re

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MICHANN MEADOWS,
Plaintiff.
___________________________________/

ORDER DENYING COUNSEL AND
EXTENDING DEADLINE

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For the Northern District of California

United States District Court

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No. C-12-0974 EMC (pr)

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This action was opened on February 11, 2012, when the Court received from Michann

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Meadows a letter to Judge Henderson that concerned prison conditions. On that date, the Court

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notified Ms. Meadows in writing that her action was deficient in that she had not attached a

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complaint and had not filed an in forma pauperis application. The Court further notified her that

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this action would be dismissed if she did not submit a complaint within thirty days. Ms. Meadows

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thereafter filed a request for an extension of time to proceed in this case and for appointment of

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counsel.

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A district court has the discretion under 28 U.S.C. §1915(e)(1) to designate counsel to

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represent an indigent civil litigant in exceptional circumstances. See Wilborn v. Escalderon, 789

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F.2d 1328, 1331 (9th Cir. 1986). This requires an evaluation of both the likelihood of success on the

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merits and the ability of the plaintiff to articulate his claims pro se in light of the complexity of the

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legal issues involved. See id. Neither of these factors is dispositive and both must be viewed

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together before deciding on a request for counsel under § 1915(e)(1). Here, the Court cannot

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determine that there is any likelihood of success because Ms. Meadows has not filed a complaint

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alleging any claims. Even if she does file a complaint, the action likely will be transferred to the

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U.S. District Court for the Eastern District of California; this Court will not appoint counsel if the

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action will be transferred to another district. (The Court cannot say with certainty whether a transfer

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will occur because there is no complaint on file; the Court predicts a transfer is likely based on the

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fact that Ms. Meadows' letter concerns events and omissions at one or both of the women's prisons

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in Madera County and therefore within the venue of the Eastern District of California.) Ms.

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Meadows' request for appointment of counsel is DENIED. Docket # 4.

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Ms. Meadows' request for an extension of time to proceed is GRANTED. Docket # 4.

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Ms. Meadows must file a complaint and a completed in forma pauperis application no later than

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June 29, 2012. No extensions of this deadline should be expected. Failure to file a complaint and

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an in forma pauperis application (or to pay the filing fee) by the deadline will result in the dismissal
of this action.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: May 18, 2012

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_________________________
EDWARD M. CHEN
United States District Judge

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