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Sheikh Muftii El v. C/O Fred Greer

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


June 20, 2012

SHEIKH MUFTII EL! ALI, PLAINTIFF,
v.
C/O FRED GREER, 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 May 17, 2012, plaintiff filed a motion for 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 motion for the appointment of counsel will therefore be denied.

Plaintiff has also moved for an extension of time to file objections to this court's May 3, 2012, findings and recommendations. Defendants have filed a statement of non-opposition to the motion. Good cause appearing, plaintiff's motion for extension of time will be granted.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's May 17, 2012, request for the appointment of counsel is denied;

2. Plaintiff's May 17, 2012, motion for an extension of time is granted; and

3. Plaintiff is granted twenty-one days from the date of this order in which to file objections to the court's May 3, 2012 findings and recommendations.

20120620

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