Matthews v. Black et al

Filing 22

ORDER by Judge Lucy H. Koh denying 14 Motion Screen Plaintiff's Amended Complaint; denying 21 Motion to Appoint Counsel (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 1/17/2014) Modified text on 1/28/2014 (dhmS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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IVAN LEE MATTHEWS,

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Plaintiff,
v.
E. BLACK, et al.,
Defendants.

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No. C 13-2760 LHK (PR)
ORDER DENYING DEFENDANTS’
MOTION TO SCREEN PLAINTIFF’S
AMENDED COMPLAINT; DENYING
PLAINTIFF’S MOTION FOR
APPOINTMENT OF COUNSEL
(Docket Nos. 14, 21)

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On June 14, 2013, plaintiff, a California state prisoner proceeding pro se, filed a civil

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rights complaint pursuant to 42 U.S.C. § 1983. (Docket No. 1.) On October 10, 2013, the court

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issued an order of service and set a briefing schedule. (Docket No. 7.) On October 25, 2013,

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plaintiff filed an amended civil rights complaint. (Docket No. 11.) On December 3, 2013, the

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court screened plaintiff’s amended complaint, issued an order of service, and set a new briefing

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schedule. (Docket No. 12.) On December 18, 2013, defendants filed a motion to screen

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plaintiff’s amended complaint and a request to revise the scheduling order. (Docket No. 14.)

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Defendants’ motion is DENIED as moot.

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Plaintiff has filed a motion for appointment of counsel. (Docket No. 21.) Plaintiff’s

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motion for appointment of counsel is DENIED for want of exceptional circumstances. See Rand

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v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997); see also Lassiter v. Dep’t of Social Services,

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452 U.S. 18, 25 (1981) (there is no constitutional right to counsel in a civil case). This denial is
Order of Dismissal with Leave to Amend
G:\PRO-SE\LHK\CR.13\Matthews760deny-screen-atty.wpd

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without prejudice to the court’s sua sponte appointment of counsel at a future date should the

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circumstances of this case warrant such appointment.

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IT IS SO ORDERED.
DATED:

1/17/14
LUCY H. KOH
United States District Judge

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Order Denying Defs. Mot. to Screen Pl. First Am. Compl.; Denying Pl. Motion for Appt. of Counsel
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