Conerly et al v. Santa Clara County Board of Supervisors et al

Filing 43

ORDER by Magistrate Judge Maria-Elena James denying 39 Motion to Compel; denying 41 Motion for Discovery. Plaintiff's renewed request for appointment of counsel is DENIED. (Attachments: # 1 Certificate/Proof of Service)(rmm2S, COURT STAFF) (Filed on 2/15/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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RODNEY J. CONERLY,
Plaintiff,

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v.
LAURIE SMITH, et al.,
Defendants.

Case No. 16-cv-03168-MEJ (PR)
ORDER DENYING WITHOUT
PREJUDICE PLAINTIFF’S REQUESTS
FOR ADDITIONAL TIME TO
CONDUCT DISCOVERY; DENYING
PLAINTIFF’S REQUST FOR
APPOINTMENT OF COUNSEL
Re: Dkt. Nos. 39, 40, 41

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Plaintiff’s requests for additional time to conduct discovery are DENIED without

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prejudice. As stated in the Court’s January 6, 2017 order, if plaintiff determines that necessary

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facts to oppose summary judgment are not available to him due to lack of discovery, he may,

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along with his opposition, file a declaration pursuant to Federal Rule of Civil Procedure 56(d).

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Plaintiff opposition to defendants’ motion for summary judgment is currently due on or before

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February 28, 2017. The Court sua sponte extends the deadline for plaintiff to file his opposition to

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March 28, 2017. Defendants shall file their reply within fourteen (14) days of the date the

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opposition is filed.

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Plaintiff’s renewed request for appointment of counsel under 28 U.S.C. § 1915 is DENIED

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for lack of exceptional circumstances. See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991);

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Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). The Court will consider appointment

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of counsel on its own motion, and seek volunteer counsel to agree to represent plaintiff pro bono,

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if it determines at a later time in the proceedings that appointment of counsel is warranted.

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This order terminates Docket Nos. 39, 40, and 41.

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IT IS SO ORDERED.

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Dated: February 15, 2017

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United States District Court
Northern District of California

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MARIA-ELENA JAMES
United States Magistrate Judge