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James Trotter v. F. Gonzalez

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


February 7, 2011

JAMES TROTTER, PLAINTIFF,
v.
F. GONZALEZ, WARDEN, ET AL., DEFENDANTS.

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

ORDER

Plaintiff has submitted a filing wherein he appears to be requesting an extension of time to file an amended complaint pursuant to the court's order of January 4, 2011, and also seeks the appointment of counsel. On the other hand, his extended request for an extension of time includes allegations that plaintiff may intend to serve as his amended complaint. The court will grant plaintiff an extension of time, but should he intend the January 31, 2011, filing to serve as his amended complaint, the court will screen that document, should plaintiff fail to file an amended complaint subsequent to this order.

As to his request for the appointment of counsel, plaintiff is informed that 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.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's January 31, 2011 (docket # 10) motion for an extension of time (Docket No. 10) is granted;

2. Plaintiff is granted until March 1, 2011 to file an amended complaint; should plaintiff fail to file an amended complaint within time, the court will proceed to screen his filing at docket # 10 as his amended complaint; and

3. Plaintiff's January 31, 2011 (docket # 10) motion for the appointment of counsel is denied.

Gregory G. Hollows

20110207

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