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Shope v. Jones

United States District Court, E.D. California
Dec 29, 2010
No. 2:09-cv-2215 KJN P (E.D. Cal. Dec. 29, 2010)

Opinion

No. 2:09-cv-2215 KJN P.

December 29, 2010


ORDER


On December 22, 2010, plaintiff filed a motion to retract the court's December 3, 2010 order. Plaintiff states he was unaware he would have to amend his complaint to add a defendant, and plaintiff wishes to proceed on the September 15, 2009 amended complaint. Good cause appearing, plaintiff's motion is granted. The December 3, 2010 order dismissing the amended complaint is vacated. (Dkt. No. 32.) Plaintiff is relieved of his obligation to file a second amended complaint. This action will proceed on plaintiff's September 15, 2009 amended complaint. (Dkt. No. 8.) The scheduling order that issued on September 14, 2010, remains in effect. (Dkt. No. 25.)

Because plaintiff's request to retract the order is granted, plaintiff's alternative request for an extension of time to file an amended complaint need not be addressed.

Plaintiff also 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 is therefore denied.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's December 22, 2010 motion to retract is partially granted. (Dkt. No. 33.)

2. The December 3, 2010 order dismissing the amended complaint is vacated. (Dkt. No. 32.) Plaintiff is relieved of his obligation to file a second amended complaint.

3. This action will proceed on plaintiff's September 15, 2009 amended complaint. (Dkt. No. 8.)

4. Plaintiff's December 22, 2010 request for the appointment of counsel is denied. (Dkt. No. 33.)

DATED: December 28, 2010


Summaries of

Shope v. Jones

United States District Court, E.D. California
Dec 29, 2010
No. 2:09-cv-2215 KJN P (E.D. Cal. Dec. 29, 2010)
Case details for

Shope v. Jones

Case Details

Full title:TREVOR SHOPE, Plaintiff, v. VIVI JONES, R.N., Defendant

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

Date published: Dec 29, 2010

Citations

No. 2:09-cv-2215 KJN P (E.D. Cal. Dec. 29, 2010)