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Norman Whitney v. R. Miranda

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


May 5, 2011

NORMAN WHITNEY, PLAINTIFF,
v.
R. MIRANDA, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He has requested that the court appoint counsel. District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request counsel voluntarily to represent such a plaintiff. 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). The court finds that there are no exceptional circumstances in this case.

Plaintiff has also requested that the court grant him a 30-day extension of time to respond to defendants' answer to his complaint. A reply to an answer is not an authorized pleading and plaintiff is advised that no response is therefore due. As plaintiff need not file a response, his request is denied as unnecessary.

Accordingly, IT IS HEREBY ORDERED that plaintiff's April 22, 2011 request for appointment of counsel, and his May 2, 2011 request for an extension of time, are denied.

20110505

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