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Kanda v. Walker

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


March 4, 2010

ROMESH KANDA, PLAINTIFF,
v.
JAMES WALKER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff has requested 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 request for the appointment of counsel will therefore be denied.

On February 12, 2010, plaintiff filed a request for extension of time to comply with defendants' request for production of documents. Plaintiff alleges that he could not timely comply with the request because he was on lockdown status until February 2, 2010. Good cause appearing, plaintiff is granted until March 12, 2010, to respond to defendants' request for production of documents.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion for the appointment of counsel (no. 32) is denied.

2. Plaintiff's motion for extension of time to respond to defendants' request for production of documents (no. 31) is granted; plaintiff's response to defendants' request for production of documents is due on or before March 12, 2010.

20100304

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