Dean v. Hazewood et al
Filing
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ORDER signed by Magistrate Judge John F. Moulds on 11/07/11 denying 71 Motion to Appoint Counsel and denying 72 Motion for Extension of time. (Plummer, 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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ANTHONY DEAN,
Plaintiff,
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No. 2:08-cv-2398 JFM (PC)
vs.
HAZEWOOD, et al.,
Defendants.
ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to
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42 U.S.C. § 1983. This matter is proceeding before the undersigned with the consent of the
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parties pursuant to 28 U.S.C. § 636(c).
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On October 26, 2011, plaintiff filed a motion for appointment of counsel. The
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United States Supreme Court has ruled that district courts lack authority to require counsel to
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represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296,
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298 (1989). In certain exceptional circumstances, the court may request the voluntary assistance
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of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.
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1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the
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court does not find the required exceptional circumstances. Plaintiff’s motion for the
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appointment of counsel will therefore be denied.
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On October 28, 2011, plaintiff filed a motion for a fourteen day extension of time
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to file a motion for reconsideration of this court’s September 28, 2011 order granting in part and
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denying in part defendants’ motion for summary judgment. Plaintiff is not presently subject to
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an approaching deadline for filing a motion for reconsideration. Cf. Fed. R. Civ. P. 60; Local
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Rule 230(j). Accordingly, plaintiff’s motion will be denied as unnecessary.
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. Plaintiff’s October 26, 2011 motion for appointment of counsel is denied; and
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2. Plaintiff’s October 28, 2011 motion for extension of time is denied.
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DATED: November 7, 2011.
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12/kly
dean2398.31
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