Law v. Aruther, et al
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/8/11 DENYING 88 Motion ; DENYING 89 Motion ; DENYING 97 Motion to Appoint Counsel. (Dillon, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CARLOS GILBERT LAW,
Plaintiff,
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vs.
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No. CIV S-08-0291 JAM EFB P
NORIEGA, et al.,
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Defendants.
ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
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U.S.C. § 1983. Pending before the court are the following motions filed by plaintiff: (1) requests
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for the relief sought in the complaint, see Dckt. Nos. 88, 95; (2) a motion for judgment on the
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pleadings, see Dckt. Nos. 89, 96; (3) a request that the court appoint counsel, see Dckt. Nos. 97,
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98. For the reasons stated below, plaintiff’s motions are denied.
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In due course, the court will issue a discovery and scheduling order that will govern these
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proceedings. The order will provide the parties with an opportunity to conduct discovery and
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file dispositive motions. Plaintiff has not shown he is entitled to the relief sought in the
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complaint, and, regardless, his request for such relief is premature.
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Pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, a party may move for
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judgment on the pleadings “[a]fter the pleadings are closed.” Plaintiff’s motion, filed before
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defendants’ answer (Dckt. No. 95), is procedurally improper.
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District courts lack authority to require counsel to represent indigent prisoners in
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section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In
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exceptional circumstances, the court may request counsel voluntarily to represent such a
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plaintiff. 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood
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v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). The court finds that there are no
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exceptional circumstances in this case.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s September 13, 2011 motion for the relief requested in the complaint is
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denied;
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2. Plaintiff’s September 16, 2011motion for judgment on the pleadings is denied; and
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3. Plaintiff’s October 26, 2011 request for appointment of counsel is denied.
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DATED: November 8, 2011.
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