Colbourn v. Mantei et al
Filing
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ORDER signed by Magistrate Judge John F. Moulds on 11/7/2011 ORDERING the clerk to serve a copy of this order together with a copy of the court's 10/11/11 order on defendants' counsel; defendants' counsel shall forthwith take all steps necessary to secure delivery of the 10/11/11 order on plaintiff and shall file certification thereof within 10 days; and plaintiff's 22 motion for appointment of counsel is DENIED. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ORRIN COLBOURN,
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Plaintiff,
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No. 2:11-cv-0340 WBS JFM (PC)
vs.
DEPUTY T. MANTEL, et al.,
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Defendants.
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ORDER
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Plaintiff is an inmate at the Sacramento County Main Jail proceeding pro se with a
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civil rights action pursuant to 42 U.S.C. § 1983. On October 11, 2011, an order was served on
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plaintiff at his address of record. On October 25, 2011, plaintiff’s copy of the order was
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returned as not deliverable as addressed. In light of information contained in a declaration filed
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by counsel for defendants in another action pending in this court, Case No. 2:09-cv-2006 MCE
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GGH P1, and good cause appearing, counsel for defendants shall take all steps necessary to
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secure delivery of the October 11, 2011 order to plaintiff and shall file certification thereof within
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ten days from the date of this order.
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A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman,
803 F.2d 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980).
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On October 24, 2011, plaintiff filed a motion for the 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 request for the
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appointment of counsel will therefore be denied.
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. The Clerk of the Court is directed to serve a copy of this order together with a
copy of this court’s October 11, 2011 order on counsel for defendants;
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2. Counsel for defendants shall forthwith take all steps necessary to secure
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delivery of a copy of the October 11, 2011 order to plaintiff and shall file certification thereof
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within ten days from the date of this order; and
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3. Plaintiff’s October 24, 2011 motion for the appointment of counsel is denied.
DATED: November 7, 2011.
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12/kly
colb0340.31
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