Rojo

Filing 20

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL; GRANTING REQUEST FOR EXTENSION OF TIME TO FILE AMENDED COMPLAINT; AND VACATING BRIEFING SCHEDULE. Denying 19 The request for appointment of counsel, and Granting Extension of time to file an amende d complaint. Plaintiff must file and serve his proposed amended complaint by March 29, 2013. Defendants must file and serve any opposition to the proposed amended complaint no later than April 26, 2013. Plaintiff must file and serve his reply, if any, no later than May 10, 2013. (Illston, Susan) (Filed on 2/4/2013) Modified on 2/5/2013 (ysS, COURT STAFF) (Additional attachment(s) added on 2/5/2013: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES ERNEST ROJO,

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United States District Court
For the Northern District of California

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No. C 12-2518 SI (pr)

Plaintiff,

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL;
GRANTING REQUEST FOR
EXTENSION OF TIME TO FILE
AMENDED COMPLAINT; AND
VACATING BRIEFING SCHEDULE

v.

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DARRIN BRIGHT; et al.,

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Defendants.

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Plaintiff has requested that counsel be appointed to assist him in this action. A district
court has the discretion under 28 U.S.C. §1915(e)(1) to designate counsel to represent an
indigent civil litigant in exceptional circumstances. See Wilborn v. Escalderon, 789 F.2d 1328,
1331 (9th Cir. 1986). This requires an evaluation of both the likelihood of success on the merits
and the ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal
issues involved. See id. Neither of these factors is dispositive and both must be viewed together
before deciding on a request for counsel under § 1915(e)(1). Here, exceptional circumstances
requiring the appointment of counsel are not evident. The request for appointment of counsel
is DENIED. (Docket # 19.)
In the same document, plaintiff has requested an extension of time to file an amended
complaint. The request is GRANTED. (Docket # 19.) Plaintiff must file and serve his proposed
amended complaint by March 29, 2013. Defendants must file and serve any opposition to the
proposed amended complaint no later than April 26, 2013. Plaintiff must file and serve his
reply, if any, no later than May 10, 2013.

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In light of plaintiff's expressed desire to amend his complaint, the briefing schedule for

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dispositive motions is VACATED. The court will set a new briefing schedule after the

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amendment is resolved, so that all claims may be resolved at the same time.

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IT IS SO ORDERED.
Dated: February 4, 2013

_______________________
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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