Buckins v. McCoy et al

Filing 60

ORDER granting 59 Motion for Extension of Time to File Response/Reply. (Illston, Susan) (Filed on 11/15/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DARRELL EDWARD BUCKINS,
Plaintiff,

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ORDER

v.

Re: Dkt. No. 58

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BRENDA MCCOY, et al.,

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United States District Court
Northern District of California

Case No. 16-cv-06157-SI

Defendants.

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Plaintiff has sent to the court a letter requesting a further extension of the deadline to file his

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opposition to defendants’ motion for summary judgment. Upon due consideration, the court

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GRANTS the request for an extension of the deadline. Docket No. 58. Plaintiff must file and serve

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his opposition to the motion for summary judgment no later than December 14, 2018. This deadline

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will not be further extended. By the time the deadline arrives, plaintiff will have had fifteen weeks

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to prepare his opposition. Defendants must file and serve their reply, if any, in support of their

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motion for summary judgment no later than January 4, 2019.

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In his letter, plaintiff states that he hopes an attorney will be appointed for him. The court

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has twice denied his requests for appointment of counsel and now does so again. A district court

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has the discretion under 28 U.S.C. §1915(e)(1) to designate counsel to represent an indigent civil

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litigant in exceptional circumstances. See Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir.

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1986). This requires an evaluation of both the likelihood of success on the merits and the ability of

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the plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved.

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See id. Neither of these factors is dispositive and both must be viewed together before deciding on

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a request for counsel under § 1915(e)(1). Here, exceptional circumstances requiring the appointment

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of counsel are not evident. The motion for appointment of counsel is DENIED. Docket No. 58.
IT IS SO ORDERED.
Dated: November 15, 2018
______________________________________
SUSAN ILLSTON
United States District Judge

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United States District Court
Northern District of California

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