Opinion
No. CIV S-04-2703 FCD EFB P.
May 23, 2007
ORDER
Plaintiff is a prisoner without counsel seeking relief for alleged civil rights violations. See 42 U.S.C. § 1983. He has requested that the court appoint counsel. District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request counsel voluntarily to represent such a plaintiff. 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). The court finds that there are no exceptional circumstances in this case.
On April 30, 2007, plaintiff filed a request for an extension of time to file and serve an amended complaint. See Fed.R.Civ.P. 6(b). Good cause appearing, plaintiff's request is granted.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's March 30, 2007, request for appointment of counsel is denied.
2. Plaintiff's April 30, 2007, motion for an extension of time is granted and plaintiff has 30 days from the date this order is served to file and serve an amended complaint.