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)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
11
EMMETT J. HARRIS, IV,
12
Plaintiff,
13
v.
14
JUAN SIMENTAL, et al.,
15
Defendants.
16
)
)
)
)
)
)
)
)
)
)
)
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.)
17
Plaintiff filed a civil rights complaint under 42 U.S.C. § 1983. On January 12, 2012, the
18
Court ordered service upon named Defendants. On January 25, 2013, Defendants filed a motion
19
for summary judgment. (Doc. No. 21.) Plaintiff has filed a motion for an extension of time to
20
file an opposition to Defendants’ motion for summary judgment. (Doc. No. 33.) Plaintiff has
21
also filed a motion for appointment of counsel. (Doc. No. 34.) Defendants have filed an
22
opposition to Plaintiff’s motion for an extension of time. (Doc. No. 35.)
23
In the interest of justice, Plaintiff’s motion for an extension of time to file an opposition
24
to Defendants’ motion for summary judgement is GRANTED. Plaintiff shall file an opposition
25
no later than twenty-eight (28) days from the filing date of this order. Defendants shall file
26
their reply within fourteen (14) days thereafter.
27
//
28
//
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
1
Plaintiff’s motion for appointment of counsel is DENIED for want of exceptional
2
circumstances. See Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997); see also Lassiter v.
3
Dep’t of Social Services, 452 U.S. 18, 25 (1981) (there is no constitutional right to counsel in a
4
civil case). The issues in this case are not particularly complex, and Plaintiff has thus far been
5
able to adequately present his claims. This denial is without prejudice to the Court’s sua sponte
6
appointment of counsel at a future date should the circumstances of this case warrant such
7
appointment.
8
This order terminates docket numbers 33 and 34.
9
IT IS SO ORDERED.
10
11
DATED:
3/7/13
LUCY H. KOH
United States District Judge
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Order Granting Motion for Ext. of Time to file Opposition; Denying Motion for Appointment of Counsel
2
G:\PRO-SE\SJ.LHK\CR.11\Harris306eot-opp.wpd
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?