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LANGSTON v. ORR

United States District Court, E.D. California
Sep 23, 2011
No. 2:11-cv-1625 JFM (PC) (E.D. Cal. Sep. 23, 2011)

Opinion

No. 2:11-cv-1625 JFM (PC).

September 23, 2011


ORDER


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.

Plaintiff has also requested an extension of time to file an application to proceed in forma pauperis. Good cause appearing, the motion will be granted.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's September 19, 2011 motion for the appointment of counsel is denied;

2. Plaintiff's September 19, 2011 motion for an extension of time is granted; and

3. Plaintiff is granted thirty days from the date of this order in which to file an application to proceed in forma pauperis.


Summaries of

LANGSTON v. ORR

United States District Court, E.D. California
Sep 23, 2011
No. 2:11-cv-1625 JFM (PC) (E.D. Cal. Sep. 23, 2011)
Case details for

LANGSTON v. ORR

Case Details

Full title:WALTER SHANE LANGSTON, Plaintiff, v. JOSEPH ORR, Defendant

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

Date published: Sep 23, 2011

Citations

No. 2:11-cv-1625 JFM (PC) (E.D. Cal. Sep. 23, 2011)