Isgrigg v. Lebeck et al
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/8/2011 ORDERING plaintiff's 2 application to proceed IFP is DISMISSED without prejudice; the clerk to send plaintiff a new ifp application; plaintiff shall submit, within 30 days, a completed ifp application; and plaintiff's 3 request for the 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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RICH LAW ISGRIGG,
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Plaintiff,
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vs.
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No. CIV S-11-2780 CKD P
J. LEBECK, et al.,
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Defendants.
ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant
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to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28
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U.S.C. § 1915. Plaintiff has not, however, filed his application for leave to proceed in forma
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pauperis on the form used by this district. Accordingly, plaintiff’s application will be dismissed
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and plaintiff will be provided the opportunity to submit the application on the appropriate form.
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Plaintiff is cautioned that he must also provide a certified copy of his prison trust account
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statement for the six month period immediately preceding the filing of his complaint.
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Plaintiff has requested the appointment of counsel. The United States Supreme
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Court has ruled that district courts lack authority to require counsel to represent indigent
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prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In
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certain exceptional circumstances, the court may request the voluntary assistance of counsel
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pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991);
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Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court
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does not find the required exceptional circumstances. Plaintiff’s request for the appointment of
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counsel will therefore be denied.
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. Plaintiff’s application to proceed in forma pauperis (Docket No. 2) is
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dismissed without prejudice;
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2. The Clerk of the Court is directed to send plaintiff a new Application to
Proceed In Forma Pauperis By a Prisoner;
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3. Plaintiff shall submit, within thirty days from the date of this order, a
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completed application to proceed in forma pauperis. Plaintiff’s failure to comply with this order
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will result in a recommendation that this action be dismissed without prejudice; and
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4.
Plaintiff’s request for the appointment of counsel (Docket No. 3) is denied.
Dated: November 8, 2011
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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