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Timoteo Plancarte v. D. Jorge

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


April 4, 2013

TIMOTEO PLANCARTE, PLAINTIFF,
v.
D. JORGE, ET AL., DEFENDANT.

ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On February 8, 2013, plaintiff filed a request 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 request for the appointment of counsel will therefore be denied.

Plaintiff has also filed a second request for extension of time to file an opposition to defendants' October 24, 2012 motion for terminating sanctions pursuant to the court's order of December 10, 2012. Good cause appearing, the request will be granted.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's February 8, 2013 motion for the appointment of counsel (ECF No. 45)*fn1 is denied;

2. Plaintiff's February 8, 2013 motion for an extension of time (ECF No. 45) is granted; and

3. Plaintiff is granted thirty days from the date of this order in which to file an opposition to defendants' October 24, 2012 motion for terminating sanctions.


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