(PC) Reyes v. Young et al, No. 2:2014cv02711 - Document 29 (E.D. Cal. 2016)

Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/4/16 ORDERING that 24 Findings and Recommendations are VACATED; This action shall proceed on the Second Amended Complaint (ECF No. 27 ); and Plaintiffs request for the appointment of counsel (ECF No. 26 ) is DENIED.(Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID REYES, 12 13 14 15 No. 2:14-cv-2711 KJM CKD P Plaintiff, v. ORDER A. YOUNG, et al., Defendants. 16 17 On January 5, 2016, the undersigned issued findings and a recommendation that this 18 action be dismissed for failure to timely file a Second Amended Complaint (“SAC”). (ECF No. 19 24.) Plaintiff filed objections to the findings and recommendations, along with a proposed SAC. 20 (ECF Nos. 25 & 27.) Good cause appearing, the court will vacate its recommendation of 21 dismissal and accept the SAC for screening. 22 Plaintiff has also requested the appointment of counsel. The United States Supreme Court 23 has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 24 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain 25 exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 26 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. 27 Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find 28 the required exceptional circumstances. Plaintiff’s request for the appointment of counsel will 1 1 therefore be denied. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The January 5, 2016 findings and recommendations are vacated; 4 2. This action shall proceed on the Second Amended Complaint (ECF No. 27); and 5 3. Plaintiff’s request for the appointment of counsel (ECF No. 26) is denied. 6 Dated: February 4, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 2 / reye2711.vac_31 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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