Fortanel v. Ducart et al

Filing 38

ORDER GRANTING EXTENSION; DENYING MOTION TO APPOINT COUNSEL by Judge Phyllis J. Hamilton granting 37 Motion for Extension of Time to File. Amended Complaint due by 4/16/2018. (Certificate of Service Attached)(napS, COURT STAFF) (Filed on 2/16/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LIBRADO FORTANEL,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-03946-PJH

v.
C. E. DUCART, et al.,
Defendants.

ORDER GRANTING EXTENSION;
DENYING MOTION TO APPOINT
COUNSEL
Re: Dkt. No. 37

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GOOD CAUSE APPEARING, it is hereby ordered that plaintiff’s request for an

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extension (Docket No. 37) is GRANTED. Plaintiff may have until April 16, 2018, to file

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an amended complaint.

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Plaintiff has also filed a motion to appoint counsel. There is no constitutional right

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to counsel in a civil case, Lassiter v. Dep't of Social Services, 452 U.S. 18, 25 (1981),

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and although district courts may "request" that counsel represent a litigant who is

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proceeding in forma pauperis, as plaintiff is here, see 28 U.S.C. § 1915(e)(1), that does

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not give the courts the power to make "coercive appointments of counsel." Mallard v.

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United States Dist. Court, 490 U.S. 296, 310 (1989).

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The Ninth Circuit has held that a district court may ask counsel to represent an

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indigent litigant only in "exceptional circumstances," the determination of which requires

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an evaluation of both (1) the likelihood of success on the merits and (2) the ability of the

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

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involved. Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). Plaintiff has presented

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his claims adequately, and the issues are not complex. The motion is DENIED.

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IT IS SO ORDER
S
RED.
Da
ated: Februa 16, 2018
ary

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PH
HYLLIS J. H
HAMILTON
N
Un
nited States District Ju
s
udge

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ndoak.cand.circ9
9.dcn\data\users\PJHALL\_psp\2
2016\2016_03946
6_Fortanel_v_Du
ucart_(PSP)\16-c
cv-03946-PJH-ext3.docx

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United States District Court
Northern District of California

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2

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UNITED STATES D
DISTRICT C
COURT

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NORTHER DISTRIC OF CAL
N
RN
CT
LIFORNIA

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LI
IBRADO FO
ORTANEL,

Case No. 16-cv-039
946-PJH

Plaintiff,
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v.

CERTIFIC
CATE OF S
SERVICE

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C. E. DUCAR et al.,
C
RT,
Defendants.

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United States District Court
Northern District of California

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I, the undersigned hereby ce
u
d,
ertify that I am an emp
ployee in th Office of the Clerk,
he
f
S.
C
hern Distric of Californ
ct
nia.
U.S District Court, North
That on February 16, 2018, I SERVED a true and correct cop
py(ies) of th
he
attached, by placing said copy(ies) in a postag paid env
p
d
ge
velope addr
ressed to th
he
person(s) her
reinafter list
ted, by depositing said envelope in the U.S. Mail, or by placing
d
y
said copy(ies) into an int
ter-office de
elivery rece
eptacle loca
ated in the C
Clerk's offic
ce.

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brado Forta
anel ID: J-5
54101
Lib
De
euel Vocatio
onal Institut
tion
P.O Box 600, Cell D-227
O.
Tra
acy, CA 953
378-0600

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ated: Februa 16, 2018
ary
Da

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Susan Y. So
oong
Clerk, United States Dis
d
strict Court
C

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y:________
_________
_________
By
Nichole Peric Deputy C
c,
Clerk to the
e
Honorable P
PHYLLIS J. HAMILTON
N

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