(PC) Davis v. Sacramento County Jail et al, No. 2:2011cv01027 - Document 107 (E.D. Cal. 2013)

Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/24/13 vacating 96 FINDINGS AND RECOMMENDATIONS. Plaintiff's motion for an extension of time to file objections to the findings and recommendations 106 is denied as moot. Defendants are granted 21 days within which to file their pretrial statement. Plaintiff's requests for the appointment of counsel 99 , 103 are denied. (Plummer, 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 TERRENCE LAMONT DAVIS, 12 13 14 15 No. 2:11-cv-1027 TLN CKD P Plaintiff, v. ORDER SACRAMENTO COUNTY JAIL, et al., Defendants. 16 17 On May 30, 2013, the court recommended that this action be dismissed because plaintiff 18 had not filed his pretrial statement. Plaintiff filed his pretrial statement on June 10, 2013. 19 Therefore, the court will vacate the May 30, 2013 findings and recommendations and defendants 20 will be granted 21 days within which to file their pretrial statement. 21 Also, plaintiff has requested the appointment of counsel. The United States Supreme 22 Court has ruled that district courts lack authority to require counsel to represent indigent prisoners 23 in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain 24 exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 25 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. 26 Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find 27 the required exceptional circumstances. Plaintiff’s requests for the appointment of counsel will 28 therefore be denied. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations issued May 30, 2013 (ECF No. 96) are vacated; 3 2. Plaintiff’s motion for an extension of time to file objections to the findings and 4 recommendations (ECF. No. 106) is denied as moot; 5 3. Defendants are granted 21 days within which to file their pretrial statement; and 6 4. Plaintiff’s requests for the appointment of counsel (ECF No. 99 & 103) are denied. 7 Dated: June 24, 2013 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 1 davi1027.31 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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