Opinion
No. 2:10-cv-2346 WBS JFM (PC).
January 14, 2011
ORDER
Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has filed a motion 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 motion for the appointment of counsel will therefore be denied.
On December 20, 2010, plaintiff filed a motion for an extension of time to submit six copies of the complaint required to effect service. Good cause appearing, plaintiff's request will be granted.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff's August 31, 2010 motion for the appointment of counsel is denied;
2. Plaintiff's December 20, 2010 motion for an extension of time is granted; and
3. Plaintiff is granted thirty days from the date of this order in which to submit six copies of the complaint to effect service.
DATED: January 13, 2011.