Romesh v. Walker et al
Filing
36
ORDER signed by Magistrate Judge Gregory G. Hollows on 3/4/10 ORDERING that 32 Motion to Appoint Counsel is DENIED; 31 Motion for Extension of time is GRANTED; plaintiffs response to defendants request for production of documents is due on or before 3/12/10.(Dillon, M)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. JAMES WALKER, et al., Defendants. / Plaintiff has 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. On February 12, 2010, plaintiff filed a request for extension of time to comply with defendants' request for production of documents. Plaintiff alleges that he could not timely comply with the request because he was on lockdown status until February 2, 2010. Good cause 1 ORDER ROMESH KANDA, Plaintiff, No. CIV S-09-2197 MCE GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
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appearing, plaintiff is granted until March 12, 2010, to respond to defendants' request for production of documents. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's motion for the appointment of counsel (no. 32) is denied. 2. Plaintiff's motion for extension of time to respond to defendants' request for production of documents (no. 31) is granted; plaintiff's response to defendants' request for production of documents is due on or before March 12, 2010. DATED: March 4, 2010 /s/ Gregory G. Hollows
10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
kan2197.31
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