Edwards v. High Desert State Prison

Full title: BRIAN DARNELL EDWARDS, Plaintiff, v. HIGH DESERT STATE PRISON, et al.…

Court: United States District Court, E.D. California

Date published: Jul 20, 2010

No. 2:10-cv-1264 MCE JFM (PC) (E.D. Cal. Jul. 20, 2010)

Opinion

No. 2:10-cv-1264 MCE JFM (PC).

July 20, 2010

ORDER

JOHN MOULDS, Magistrate Judge

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. By order filed June 9, 2010, plaintiff was directed to submit within thirty days either an application to proceed in forma pauperis or to pay the appropriate filing fee. The thirty day period has passed and plaintiff has done neither, although he has filed a first and second amended complaint, a request for issuance of summons, and two motions for appointment of counsel. Good cause appearing, plaintiff will be given one additional period of thirty days in which to comply with the court's June 9, 2010 order. The action will not proceed further unless and until plaintiff complies with that order, and failure to comply will result in a recommendation that this action be dismissed.

As noted above, plaintiff has filed two motions for 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 motions for the appointment of counsel will therefore be denied.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Plaintiff shall submit, within thirty days from the date of this order, either an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee;

2. Failure to comply with paragraph 1 will result in a recommendation that this action be dismissed;

3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and

4. Plaintiff's June 23, 2010 and June 25, 2010 motions for appointment of counsel are denied.

NOTICE OF SUBMISSION OF FEE OR IFP APPLICATION

Plaintiff hereby submits the following document in compliance with the court's order filed _______________:

___________ In Forma Pauperis Application OR Filing Fee DATED: _____________________________________ Plaintiff