Williams -v- Mack

Filing 18

ORDER by Judge Ronald M. Whyte Granting 12 Motion for Extension of Time to Answer ; Denying 16 Motion to Appoint Counsel. (jg, COURT STAFF) (Filed on 6/13/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 JAMES EDWARD WILLIAMS, 10 11 12 Plaintiff, v. DR. R. MACK, 13 Defendant. ) ) ) ) ) ) ) ) ) ) No. C 12-5687 RMW(PR) ORDER GRANTING MOTION FOR ADDITIONAL TIME TO RESPOND TO COMPLAINT; DENYING MOTION FOR APPOINTMENT OF COUNSEL (Docket Nos. 12 & 16) 14 15 Plaintiff, a California state prisoner proceeding pro se, filed a civil rights complaint 16 pursuant to 42 U.S.C. § 1983. On March 27, 2013, the Court issued an order of service. (Docket 17 No. 7.) Defendant has filed a motion requesting an extension of time to file a response. (Docket 18 No. 12.) Defendant’s motion is GRANTED. Defendant shall file an answer or a dispositive 19 motion no later than September 25, 2013. 20 Plaintiff has filed a motion for appointment of counsel. (Docket No. 16.) Plaintiff’s 21 request for counsel is DENIED for want of exceptional circumstances. See Rand v. Rowland, 22 113 F.3d 1520, 1525 (9th Cir. 1997); see also Lassiter v. Dep’t of Social Services, 452 U.S. 18, 23 25 (1981) (there is no constitutional right to counsel in a civil case). This denial is without 24 prejudice to the court’s sua sponte appointment of counsel at a future date should the 25 circumstances of this case warrant such appointment. 26 27 28 IT IS SO ORDERED. DATED: RONALD M. WHYTE United States District Judge Order Granting Mot. for Additional Time to Respond to Complaint; Denying Mot. for Appt. of Counsel G:\PRO-SE\SJ.Rmw\CR.12\Williams687eot-atty.wpd UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JAMES EDWARD WILLIAM et al, Case Number: CV12-05687 RMW Plaintiff, CERTIFICATE OF SERVICE v. DR. MACK, ET AL. et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on June 13, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. James Edward Williams V-54214 Kern Valley State Prison D-1-222 P.O. Box 5104 Delano, CA 93216 Dated: June 13, 2013 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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