Erwin et al v. Grounds

Filing 23

ORDER by Judge Lucy H. Koh denying 20 Motion to Appoint Counsel ; denying 21 Motion to Appoint Counsel ; granting 22 Motion for Extension of Time to File Opposition (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 11/9/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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WILLIE GEORGE ERWIN, JR.,
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Plaintiff,
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v.
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WARDEN R. GROUNDS, et al.,
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Defendants.
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No. C 12-0031 LHK (PR)
ORDER DENYING MOTION
FOR APPOINTMENT OF
COUNSEL; GRANTING
MOTION FOR EXTENSION OF
TIME TO FILE OPPOSITION
(Docket Nos. 20, 21, 22)

Plaintiff, a state prisoner proceeding pro se, filed an amended civil rights complaint

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pursuant to 42 U.S.C. § 1983, alleging that prison officials were deliberately indifferent to his

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serious medical needs. On October 16, 2012, Defendants filed a motion to dismiss for failure to

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state a claim, and based on qualified immunity. Plaintiff has filed motions for appointment of

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counsel. (Doc. Nos. 20 and 21.) Plaintiff has also filed a motion for extension of time to file an

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opposition to Defendants’ motion to dismiss. (Doc. No. 22.)

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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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Plaintiff’s motion for extension of time to file an opposition is GRANTED. Plaintiff

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shall file an opposition no later than twenty-eight (28) days from the date this order is filed.

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Defendants shall file a reply within fourteen (14) days thereafter.

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This order terminates docket numbers 20, 21 and 22.

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IT IS SO ORDERED.

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DATED: 11/8/12

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LUCY H. KOH
United States District Judge

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Order Denying Counsel; Granting Motion for Ext. of Time to file Opposition
G:\PRO-SE\SJ.LHK\CR.12\Erwin031deny-atty_grant-eot.wpd

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