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McCoy v. Army Corps of Engineers

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


December 14, 2009

ROSLYN MCCOY, PLAINTIFF,
v.
ARMY CORPS OF ENGINEERS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Plaintiff, who is proceeding pro se, brings this civil action. Pending before the court are the following: (1) plaintiff's motion for appointment of counsel (Doc. 19); and (2) plaintiff's motion for default judgment (Doc. 23).

As to plaintiff's request for appointment of counsel, the United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent plaintiffs in civil actions. See e.g. 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). See 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 at this time find the required exceptional circumstances.

As to plaintiff's request for default judgment, a review of the docket reflects that defendants filed a timely answer to the complaint on November 30, 2009. A default judgment is not appropriate.

Finally, because the pending motion to dismiss is not case dispositive, the scheduling conference currently set for December 17, 2009, in Redding, California shall proceed as scheduled.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion for appointment of counsel (Doc. 19) is denied;

2. Plaintiff's motion for default judgment (Doc. 23) is denied.

20091214

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