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Dent v. Silbaugh

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


August 2, 2010

BRIAN KEITH DENT, PLAINTIFF,
v.
D. SILBAUGH, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. §1983. On July 21, 2010, plaintiff filed a motion for 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.

On July 27, 2010, defendant filed a request for a fifty day extension of time to file a reply brief in support of his motion for summary judgment. Good cause appearing, defendant's request will be granted.

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

1. Plaintiff's July 21, 2010 motion for appointment of counsel is denied;

2. Defendant's July 27, 2010 motion for extension of time is granted; and

3. Defendant is granted an extension of time to and including September 17, 2010 in which to file a reply brief in support of his motion for summary judgment.

20100802

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