Harris v. Simental et al

Filing 38

ORDER by Judge Lucy H. Koh granting 33 Motion for Extension of Time to File; denying 34 Motion to Appoint Counsel (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 3/7/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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EMMETT J. HARRIS, IV,

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Plaintiff,

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v.

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JUAN SIMENTAL, et al.,
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Defendants.
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No. C 11-5306 LHK (PR)
ORDER GRANTING MOTION
FOR EXTENSION OF TIME TO
FILE OPPOSITION; DENYING
MOTION FOR APPOINTMENT
OF COUNSEL

(Doc. Nos. 33, 34.)

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Plaintiff filed a civil rights complaint under 42 U.S.C. § 1983. On January 12, 2012, the

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Court ordered service upon named Defendants. On January 25, 2013, Defendants filed a motion

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for summary judgment. (Doc. No. 21.) Plaintiff has filed a motion for an extension of time to

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file an opposition to Defendants’ motion for summary judgment. (Doc. No. 33.) Plaintiff has

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also filed a motion for appointment of counsel. (Doc. No. 34.) Defendants have filed an

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opposition to Plaintiff’s motion for an extension of time. (Doc. No. 35.)

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In the interest of justice, Plaintiff’s motion for an extension of time to file an opposition

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to Defendants’ motion for summary judgement is GRANTED. Plaintiff shall file an opposition

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no later than twenty-eight (28) days from the filing date of this order. Defendants shall file

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their reply within fourteen (14) days thereafter.

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Order Granting Motion for Ext. of Time to file Opposition; Denying Motion for Appointment of Counsel
G:\PRO-SE\SJ.LHK\CR.11\Harris306eot-opp.wpd

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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

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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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This order terminates docket numbers 33 and 34.

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IT IS SO ORDERED.

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DATED:

3/7/13

LUCY H. KOH
United States District Judge

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Order Granting Motion for Ext. of Time to file Opposition; Denying Motion for Appointment of Counsel
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G:\PRO-SE\SJ.LHK\CR.11\Harris306eot-opp.wpd