McGathon v. San Quentin Prison et al

Filing 24

ORDER by Judge Jacqueline Scott Corley denying 17 Motion to Appoint Counsel ; granting 21 Motion for Extension of Time to File motion for summary judgment, to and including 10/14/2014. (Attachments: # 1 Certificate/Proof of Service) (tlS, COURT STAFF) (Filed on 8/4/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN REGINALD MCGATHON,
Plaintiff,

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ORDER DENYING APPOINTMENT OF
COUNSEL; EXTENDING TIME

United States District Court
Northern District of California

v.
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Case No. 14-cv-00028-JSC (PR)

D. PETROVIC, et al.,
Defendants.

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Dkt. Nos. 17, 21

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Plaintiff, a California prisoner proceeding pro se, filed this pro se civil rights action

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pursuant to 42 U.S.C. § 1983. He has filed a motion for appointment of counsel. There is

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no constitutional right to counsel in a civil case. Lassiter v. Dep't of Social Services, 452

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U.S. 18, 25 (1981). 28 U.S.C. § 1915 confers on a district court only the power to

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"request" that counsel represent a litigant who is proceeding in forma pauperis. 28 U.S.C.

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§ 1915(e)(1). The Court has only the power to ask pro bono counsel to represent plaintiff,

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not the power to “appoint” counsel. Here, plaintiff has presented his claims adequately

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and the issues are not particularly complex. The motion (docket number 21) is DENIED.

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The Court will, on its own initiative, refer the case for identification of pro bono counsel if

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and when the circumstances of the case warrant such appointment.

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Good cause appearing, Defendants’ motion for an extension of time in which to file

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a motion for summary judgment, to and including October 14, 2014, is GRANTED. In

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accordance with the Order of Service, Plaintiff’s opposition is due within 28 days of the

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date the motion is filed, and Defendants shall file a reply brief no later than 14 days after

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the opposition is filed. All other provisions of the Order of Service remain in effect.

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IT IS SO ORDERED.
Dated: August 4, 2014
_____________________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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