Opinion
No. CIV S-07-1323 WBS EFB P.
October 29, 2007
ORDER
Plaintiff is a prisoner without counsel seeking relief for alleged civil rights violations. See 42 U.S.C. § 1983. On September 21, 2007, plaintiff filed a request for assistance in litigating his case, which the court construes as a request for the appointment of 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.
Also on September 21, 2007, plaintiff filed a motion to amend his complaint. At any time before a complaint is served in a civil action, a plaintiff may amend his pleading once as of right. See Fed.R.Civ.P. 15. Additionally, by order filed August 27, 2007, the court granted plaintiff leave to amend his complaint.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's September 21, 2007, request for appointment of counsel is denied;
2. Plaintiff's September 21, 2007, motion to amend his complaint is denied as moot; and
3. Plaintiff is granted an extension of time of 30 days from the date this order is served within which to file an amended complaint. Failure to do so may result in the filing of a recommendation that this action be dismissed.