Fortanel v. Ducart et al

Filing 42

ORDER GRANTING EXTENSION; DENYING MOTION TO APPOINT COUNSEL by Judge Phyllis J. Hamilton granting 41 Motion for Extension of Time and denying 41 Motion to Appoint Counsel. Amended Complaint due by 6/4/2018. (Certificate of Service Attached) (kcS, COURT STAFF) (Filed on 5/4/2018)

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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. 41

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

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extension (Docket No. 41) is GRANTED. Plaintiff may have until June 4, 2018, to file an

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amended complaint.

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Plaintiff has also filed another motion to appoint counsel. There is no

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constitutional right to counsel in a civil case, Lassiter v. Dep't of Social Services, 452 U.S.

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18, 25 (1981), and although district courts may "request" that counsel represent a litigant

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

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

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v. 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).

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Pla
aintiff has presented his claims ad
p
dequately, and the iss
sues are no complex. The
ot

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mo
otion is DEN
NIED.

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IT IS SO ORDER
S
RED.
Da
ated: May 4, 2018

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

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United States District Court
Northern District of California

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2

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UNITED STATES D
D
DISTRICT C
COURT

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NORTHER DISTRIC OF CALI
RN
CT
IFORNIA

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LI
IBRADO FO
ORTANEL,

Case No. 1
16-cv-03946
6-PJH

Plaintiff,
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v.

CERTIFIC
CATE OF S
SERVICE

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

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I, the un
ndersigned, hereby certify that I am an employe in the Offi of the Clerk, U.S.
ee
ice
strict Court, Northern Di
istrict of Cal
lifornia.
Dis

United States District Court
Northern District of California

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That on May 4, 201 I SERVE a true and correct cop
n
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ED
d
py(ies) of the attached, b placing
by
said copy(ies) in a postage paid envelo addressed to the pers
i
ope
d
son(s) herein
nafter listed, by
dep
positing said envelope in the U.S. Mail, or by pla
d
n
M
acing said co
opy(ies) into an inter-off delivery
o
ffice
y
rec
ceptacle loca in the Cl
ated
lerk's office.
.

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Lib
brado Fortan ID: J-54101
nel
De Vocation Institutio
euel
nal
on
P.O Box 600, Cell D-227
O.
Tra CA 95378-0600
acy,

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Da
ated: May 4, 2018

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usan Y. Soon
ng
Su
Cl
lerk, United States Distr Court
d
rict

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By
y:_________
___________
_______
K
Kelly Collins, Deputy Cle to the
,
erk
H
Honorable PH
HYLLIS J. H
HAMILTON
N

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