Lugo v. Bick et al
Filing
19
ORDER signed by Magistrate Judge John F. Moulds on 11/15/2011 DENYING plaintiff's 16 motion for an extension of time and 16 motion for the appointment of counsel. (Yin, K)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
INEZ TITO LUGO,
Plaintiff,
11
vs.
12
13
No. 2:11-cv-0317 JFM (PC)
JOSEPH BICK, et al.,
Defendants.
14
ORDER
/
15
On June 24, 2011, a discovery and scheduling order issued setting October 14,
16
17
2011 as the discovery deadline. On October 4, 2011 and based upon the stipulation of the
18
parties, the court modified the scheduling order and continued the discovery deadline to January
19
26, 2012. Plaintiff now seeks a 60-day extension of the January 26, 2012 date to conduct
20
discovery. Plaintiff contends an extension is necessary because he is having difficulty obtaining
21
answers to his discovery requests, he has limited access to the law library and he is ill. Because
22
plaintiff’s request for an extension of time comes nearly three months before the modified
23
discovery deadline, the court will deny this request without prejudice. Any dispute concerning
24
defendants’ responses to plaintiff’s discovery requests shall be brought pursuant to Federal Rule
25
of Civil Procedure 37.
26
/////
1
Plaintiff also requests the appointment of counsel. The United States Supreme
1
2
Court has ruled that district courts lack authority to require counsel to represent indigent
3
prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In
4
certain exceptional circumstances, the court may request the voluntary assistance of counsel
5
pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991);
6
Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court
7
does not find the required exceptional circumstances. Plaintiff’s motion for the appointment of
8
counsel will therefore be denied.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s November 9, 2011
9
10
motion for an extension of time and motion for the appointment of counsel is denied.
11
DATED: November 15, 2011.
12
13
14
15
/mp014;lugo0317.31
16
17
18
19
20
21
22
23
24
25
26
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
