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Featherstone v. Reniff

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


May 26, 2009

JAMES R. FEATHERSTONE, PLAINTIFF,
v.
PERRY RENIFF, SHERIFF, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has filed two motions for an extension of time to file a second amended complaint pursuant to the court's order of April 24, 2009. Good cause appearing, the motions will be granted.

Plaintiff has also moved for the appointment of counsel. The United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find the required exceptional circumstances. Plaintiff's motion for the appointment of counsel will therefore be denied.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Plaintiff's May 14, 2009 and May 21, 2009 motions for an extension of time are granted;

2. Plaintiff is granted thirty days from the date of this order in which to file a second amended complaint; and

3. Plaintiff's May 21, 2009 motion for appointment of counsel is denied.

20090526

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