Brown v. Unknown

Filing 19

ORDER GRANTING PLAINTIFF'S MOTION TO CHANGE TIME TO FILE SECOND AMENDED COMPLAINT; DENYING APPOINTMENT OF COUNSEL re 17 Declaration in Support filed by Keenan G. Wilkins. Signed by Judge Lucy H. Koh on 1/23/12. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 1/24/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KEENAN G. WILKINS,

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Plaintiff,
v.
COUNTY OF ALAMEDA, et al.,
Defendants.

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No. C 11-2704 LHK (PR)
ORDER GRANTING
PLAINTIFF’S MOTION TO
CHANGE TIME TO FILE
SECOND AMENDED
COMPLAINT; DENYING
APPOINTMENT OF COUNSEL

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Plaintiff, a state prisoner proceeding pro se, filed an amended complaint under 42 U.S.C.
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§ 1983. Before the Court is Plaintiff’s declaration in support of his request for a second
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extension of time in which to file his second amended complaint, request for appointment of
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counsel, request for a stay, and other alternative relief. Plaintiff’s requests are based on his
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assertions that jail officials have not been giving him access to his legal documents.
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Plaintiff’s request for an extension of time in which to file his second amended complaint
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is GRANTED. Plaintiff shall file his second amended complaint within thirty days from filing
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date of this order.
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Plaintiff’s motion for appointment of counsel is DENIED for want of exceptional
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circumstances. See Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997); see also Lassiter v.
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Dep’t of Social Services, 452 U.S. 18, 25 (1981) (there is no constitutional right to counsel in a
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civil case). The issues in this case are not particularly complex, and Plaintiff has thus far been
Order Granting Plaintiff’s Motion to Change Time to File Second Amended Complaint; Denying Appointment of Counsel
G:\PRO-SE\SJ.LHK\CR.11\Wilkins704eot.wpd

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able to adequately present his claims. This denial is without prejudice to the Court’s sua sponte

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appointment of counsel at a future date should the circumstances of this case warrant such

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appointment.

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In light of the extended deadline within which to file a second amended complaint,
Plaintiff’s remaining requests are DENIED as unnecessary.
IT IS SO ORDERED.
DATED:

1/23/12
LUCY H. KOH
United States District Judge

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Order Granting Plaintiff’s Motion to Change Time to File Second Amended Complaint; Denying Appointment of Counsel
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G:\PRO-SE\SJ.LHK\CR.11\Wilkins704eot.wpd