(PC) Xavier v. French, et al, No. 2:2009cv00783 - Document 126 (E.D. Cal. 2016)

Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/12/16 denying 124 Motion to Appoint Counsel and granting 123 Motion for Extension of time. Plaintiff's objections to the findings and recommendations filed on 08/04/16 are deemed timely. Defendants' reply, if any, shall be filed within 7 days from the date of this order. (Plummer, M)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 GARY R. XAVIER, 11 Plaintiff, 12 13 No. 2:09-cv-0783 KJM CKD P v. ORDER S. M. ROCHE, et al., 14 Defendants. 15 16 Plaintiff has requested the appointment of counsel. The United States Supreme Court has 17 ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 18 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional 19 circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 20 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 21 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find the required 22 exceptional circumstances. Plaintiff’s request for the appointment of counsel will therefore be 23 denied. 24 Plaintiff has also filed a motion for extension of time to file objections to the July 11, 25 2016, findings and recommendations. Plaintiff filed his objections to the magistrate judge’s 26 findings and recommendations on August 4, 2016. 27 Accordingly, IT IS HEREBY ORDERED that: 28 1. Plaintiff’s request for the appointment of counsel (ECF No. 124) is denied; 1 1 2. Plaintiff’s motion for an extension of time (ECF No. 123) is granted; 2 3. Plaintiff’s objections to the findings and recommendations filed on August 4, 2016, are 3 deemed timely. Defendants’ reply, if any, shall be filed within seven days from the date of this 4 order. 5 Dated: August 12, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 2/kly xavi0783.31+36 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2