Overton v. Warden, California Medical Facility

Filing 5

ORDER GRANTING REQUEST FOR EXTENSION OF TIME TO FILE COMPLAINT re 4 ; DENYING MOTION to Appoint Counsel re 2 . Signed by Judge Jeremy Fogel on 10/21/08. (dlm, COURT STAFF) (Filed on 10/24/2008)

1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 08-04272 JF (PR) ORDER GRANTING REQUEST FOR EXTENSION OF TIME TO FILE COMPLAINT; DENYING MOTION FOR APPOINTMENT OF COUNSEL

United States District Court

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For the Northern District of California

12 MICHAEL LOUIS OVERTON, 13 14 15 v. Plaintiff,

CALIFORNIA MEDICAL FACILITY 16 WARDEN, 17 18 19 20 On September 10, 2008, Plaintiff filed a motion for appointment of counsel without Defendant. / (Docket Nos. 2 & 4)

21 filing a complaint or petition. The Clerk of the Court notified Plaintiff that failure to submit 22 a complaint or petition within thirty days from the filing date of the notice would result in the 23 dismissal of the action. Plaintiff filed a request for an extension of time to file a complaint. 24 (Docket No. 4.) Good cause appearing, Plaintiff's request is GRANTED. Plaintiff's 25 complaint and application to proceed in forma pauperis must be filed no later than 26 November 24, 2008. 27 Plaintiff's motion for appointment of counsel (Docket No. 2) is denied without

28 prejudice for lack of exceptional circumstances. See Rand v. Rowland, 113 F.3d 1520, 1525
Order Granting Request for Ext. Of Time P:\PRO-SE\SJ.JF\CR.08\Overton4272_eot-compl.wpd

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1 (9th Cir. 1997); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wilborn v. 2 Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). The Court will reconsider Plaintiff's 3 request sua sponte if a trial becomes necessary or if the circumstances of this case otherwise 4 change so as to necessitate such appointment. 5 6 7 8 9 10 This order terminates Docket Nos. 2 and 4. IT IS SO ORDERED. DATED:
10/21/08

JEREMY FOGEL United States District Judge

United States District Court

11
For the Northern District of California

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Order Granting Request for Ext. Of Time P:\PRO-SE\SJ.JF\CR.08\Overton4272_eot-compl.wpd

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