Young v. Bresler

Full title: ALBERT YOUNG, Plaintiff, v. PETER BRESLER, et al., Defendants

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

Date published: Jun 23, 2009

No. 2:03-cv-0951 FCD JFM (PC) (E.D. Cal. Jun. 23, 2009)

Opinion

No. 2:03-cv-0951 FCD JFM (PC).

June 23, 2009

ORDER

JOHN MOULDS, Magistrate Judge

Plaintiff has requested an extension of time to file objections to the May 27, 2009, findings and recommendations. Good cause appearing, the request will be granted.

Plaintiff has renewed his request 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 request for the appointment of counsel will therefore be denied.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's June 12, 2009, motion for an extension of time is granted;

2. Plaintiff is granted thirty days from the date of this order in which to file objections to the May 27, 2009, findings and recommendations; and

3. Plaintiff's June 12, 2009, request for the appointment of counsel is denied.