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Jeffrey E. Walker v. A. H. Whitten

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


December 15, 2011

JEFFREY E. WALKER, PLAINTIFF,
v.
A. H. WHITTEN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Plaintiff has requested an extension of time to file an opposition to defendants' motion for summary judgment. Good cause appearing, that request will be granted.

Plaintiff has also 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.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's December 12, 2011 motion for an extension of time is granted;

2. Plaintiff is granted thirty days from the date of this order in which to file and serve his opposition to defendants' motion for summary judgment.

3. Plaintiff's December 12, 2011 request for the appointment of counsel is denied.*fn1


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