Medina v. Dr. Claire Williams, MD et al

Filing 45

ORDER by Judge Ronald M. Whyte Denying 30 Motion to Appoint Counsel; Granting 28 ; 38 Motion for Extension of Time to File Opposition. (jg, COURT STAFF) (Filed on 4/21/2011)

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*E-FILED - 4/21/11*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 10-3610 RMW (PR)

FRANCISCO J. MEDINA,

ORDER GRANTING PLAINTIFF’S
MOTIONS FOR EXTENSION OF TIME TO
FILE OPPOSITION; ORDER DENYING
APPOINTMENT OF COUNSEL

Plaintiff,
v.
ROBERT A. HOREL, Warden, et al.,

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Defendants.
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(Docket Nos. 28, 30 and 38)

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Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint pursuant to 42

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U.S.C. § 1983. Before the Court are plaintiff’s motions for extension of time to file his opposition to

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defendants’ motion for summary judgment and his motion for appointment of counsel.

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Plaintiff’s motions for extension of time to file his opposition to defendants’ dispositive

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motion are GRANTED. Plaintiff shall file his opposition no later than by June 29, 2011.

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Defendants’ reply brief is due no later than fifteen (15) days after the date plaintiff’s opposition is

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filed.

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Plaintiff’s motion for appointment of counsel (docket no. 30) is DENIED for want of

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exceptional circumstances. See Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997); see also

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Lassiter v. Dep’t of Social Services, 452 U.S. 18, 25 (1981) (there is no constitutional right to

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counsel in a civil case). The issues in this case are not particularly complex and plaintiff has thus far

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been able to adequately present his claims. This denial is without prejudice to the court’s sua sponte
Order Granting Plaintiff’s Motions for Extension of Time to File Opposition; Order Denying Appointment of Counsel
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appointment of counsel.

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This order terminates docket nos. 28, 30 and 38.

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IT IS SO ORDERED.

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DATED:

4/21/11
RONALD M. WHYTE
United States District Judge

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United States District Court
For the Northern District of California

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Order Granting Plaintiff’s Motions for Extension of Time to File Opposition; Order Denying Appointment of Counsel
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