Opinion
No. 2:15-cv-0914 CKD P
04-21-2016
JUSTIN M. COOPER, Plaintiff, v. PLACER COUNTY JAIL, et al., Defendants.
ORDER
Plaintiff has requested an extension of time to file a second amended complaint. Good cause appearing, this request will be granted. Plaintiff will be granted 30 days within which to file his second amended complaint.
In addition, plaintiff has requested the appointment of counsel. The United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find the required exceptional circumstances. Plaintiff's request for the appointment of counsel will therefore be denied. /////
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's request for an extension of time (ECF No. 15) is granted;
2. Plaintiff is granted thirty days from the date of this order in which to file a second amended complaint. Failure to file a second amended complaint within 30 days will result in dismissal.
3. Plaintiff's request for the appointment of counsel is denied. Dated: April 21, 2016
/s/_________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE 1
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