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Kidd v. Biggs

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


February 25, 2009

ALFRED R. KIDD, PLAINTIFF,
v.
V. BIGGS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable Mikel H. Williams United States Magistrate Judge

ORDER

This case has been referred to the undersigned United States Magistrate Judge for all pretrial matters. (Docket No. 23.) Before the Court is Plaintiff's Motion for Extension of Time and Plaintiff's Motion for Appointment of Counsel Pursuant to 28 U.S.C. § 1915(e)(1).

NOW THEREFORE IT IS HEREBY ORDERED that Plaintiff's Motion for Extension of Time (Docket No. 24) is GRANTED. Plaintiff shall file a response to the Defendants' Motion to Dismiss no later than March 20, 2009.

IT IS FURTHER ORDERED that Plaintiff's Motion for the Appointment of Counsel (Docket No. 25) is DENIED without prejudice. Plaintiff has been able to articulate his claims sufficiently, and it is unclear at this juncture whether any claims are potentially meritorious.*fn1 See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991) (holding that counsel should be appointed under 28 U.S.C. § 1915 only in "exceptional circumstances").


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