James v. Hayward Police Department et al

Filing 46

ORDER EXTENDING DEADLINES 43 44 (Illston, Susan) (Filed on 9/8/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DENNIS LAMAR JAMES, JR.,

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United States District Court
For the Northern District of California

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No. C 13-1092 SI (pr)

Plaintiff,

ORDER EXTENDING DEADLINES

v.
HAYWARD POLICE DEPARTMENT;
et al.,
Defendants.
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Plaintiff has requested an extension of the deadline to file his opposition to defendants’
motion for summary judgment. Upon due consideration, plaintiff’s request is GRANTED.
Docket # 43, # 44. No later than October 27, 2015, plaintiff must file and serve on defense
counsel his opposition to the motion for summary judgment. No further extensions of this
deadline should be expected because, by the time it arrives, plaintiff will have had four months
to prepare his opposition. No later than November 9, 2015, defendants must file and serve their
reply brief, if any.
Plaintiff has requested appointment of counsel 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 ability of the plaintiff to articulate his claims pro
se in light of the complexity of the legal issues involved and the likelihood of success on the
merits. 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). Plaintiff's hospitalization presents an
unusual circumstance, but the attorney appointed to investigate his competency to proceed has
reported that he is competent. See Docket # 38. Plaintiff had no problem articulating his claims

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in this action (including municipal liability) at a time when he presumably had the same mental

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illness he now has. He also has filed several prior actions in which he has ably represented

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himself. There also appears to be a low likelihood of success on the merits. Exceptional

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circumstances requiring the appointment of counsel are not present in this action. Plaintiff’s

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request for appointment of counsel therefore is DENIED. Docket # 44 at 1.

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IT IS SO ORDERED.
Dated: September 8, 2015

_______________________
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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