Helfrich v. Marshall et al
ORDER. IT IS ORDERED that the emergency motion for appointmentof counsel 31 is denied.IT IS FURTHER ORDERED that the amended emergency motion for an extension of time 33 is granted in part. Plaintiff shall file his second amended complaint on or before Thursday, 3/31/16.IT IS FURTHER ORDERED that, if Plaintiff fails to timely comply with this order, the Court shall dismiss his case without prejudice.Signed by Magistrate Judge George Foley, Jr on 2/17/16. (Copies have been distributed pursuant to the NEF - PS)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
RICHARD MARSHALL et al.,
PETER JASON HELFRICH,
On January 19, 2016, this Court entered an order directing Plaintiff to file a second
amended complaint within 30 days from the date of that order. (ECF No. 30 at 4). The Court
stated that, if Plaintiff failed to file a second amended complaint, the action would be
dismissed without prejudice. (Id.). On February 10, 2016, Plaintiff filed an emergency motion
for appointment of counsel (ECF No. 31) and an amended emergency motion to enlarge time
to perfect amended complaint (ECF No. 33).
Plaintiff has filed a motion for appointment of counsel because prison officials are
retaliating against him. (ECF No. 31 at 1). A litigant does not have a constitutional right to
appointed counsel in 42 U.S.C. § 1983 civil rights claims. Storseth v. Spellman, 654 F.2d
1349, 1353 (9th Cir. 1981). Pursuant to 28 U.S.C. § 1915(e)(1), “[t]he court may request an
attorney to represent any person unable to afford counsel.” However, the court will appoint
counsel for indigent civil litigants only in “exceptional circumstances.” Palmer v. Valdez, 560
F.3d 965, 970 (9th Cir. 2009) (§ 1983 action). “When determining whether ‘exceptional
circumstances’ exist, a court must consider ‘the likelihood of success on the merits as well as
Appointment of Counsel
the ability of the petitioner to articulate his claims pro se in light of the complexity of the legal
issues involved.” Id. “Neither of these considerations is dispositive and instead must be
viewed together.” Id. In the instant case, the Court does not find exceptional circumstances
that warrant the appointment of counsel. The Court denies the motion for appointment of
Plaintiff has filed a motion for an extension of time to file his amended complaint. (ECF
No. 33). Plaintiff requests an extension of 90 days. (Id. at 1). The Court grants Plaintiff’s
motion for an extension of time in part. The Court grants Plaintiff until Thursday, March 31,
2016 to file his second amended complaint.
Extension of Time
For the foregoing reasons, IT IS ORDERED that the emergency motion for appointment
of counsel (ECF No. 31) is denied.
IT IS FURTHER ORDERED that the amended emergency motion for an extension of
time (ECF No. 33) is granted in part. Plaintiff shall file his second amended complaint on or
before Thursday, March 31, 2016.
IT IS FURTHER ORDERED that, if Plaintiff fails to timely comply with this order, the
Court shall dismiss his case without prejudice.
DATED: This _____ day of February 2016.
_ _ __
United States Magistrate Judge
ed States Magistrate
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