Crawford v. Beard

Filing 103

ORDER by Judge James Donato granting 99 Motion for Extension of Time to File; denying 100 Motion to Appoint Counsel. (lrcS, COURT STAFF) (Filed on 11/4/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES DARREN CRAWFORD,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 14-cv-05578-JD
ORDER

v.

Re: Dkt. Nos. 99, 100
JEFFREY BEARD, et al.,
Defendants.
Plaintiff’s request for an extension of time (Docket No. 99) is granted. Plaintiff may file

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objections to the magistrate judge’s May 17, 2016, order of service by November 23, 2020.

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Plaintiff’s request to file a third amended complaint is denied without prejudice. Plaintiff should

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file objections to the magistrate judge’s order of service and present his arguments as described in

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the Court’s prior order.

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Plaintiff has also requested the appointment of counsel. The Ninth Circuit has held that a

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district court may ask counsel to represent an indigent litigant only in “exceptional

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circumstances,” the determination of which requires an evaluation of both (1) the likelihood of

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success on the merits, and (2) the ability of the plaintiff to articulate his claims pro se in light of

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the complexity of the legal issues involved. Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.

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1991). Plaintiff appears able to present his claims adequately, and the issues are not complex, and

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so the request (Docket No. 100) is denied.

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IT IS SO ORDERED.
Dated: November 4, 2020

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JAMES DONATO
United States District Judge