(PC) Hughes v. Youngblood ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN HUGHES, Case No. 1:19-cv-01249-JDP 12 Plaintiff, ORDER GRANTING PLAINTIFF’S SECOND MOTION FOR EXTENSION 13 v. ECF No. 10 14 DONNY YOUNGBLOOD and SARAH GONZALEZ, ORDER DENYING PLAINTIFF’S MOTION 15 TO APPOINT COUNSEL Defendants. 16 ECF No. 11 17 18 Plaintiff is proceeding without counsel in this civil rights action brought under 42 U.S.C. 19 § 1983. Plaintiff moves for a second extension of time, to file his first amended complaint. ECF 20 No. 10. For good cause shown, plaintiff’s motion for an extension is granted. ECF No. 10. He 21 may have until June 26, 2020, to file his first amended complaint. 22 Plaintiff also filed a motion for an attorney because the coronavirus outbreak has caused 23 the prison to deny him access to the law library. ECF No. 11. Plaintiff’s predicament is not 24 unique, and the court is not able to seek volunteer counsel for every civil detainee engaging in 25 civil litigation. See Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997) (allowing courts to 26 request volunteer counsel only in exceptional circumstances). However, should plaintiff need 27 more time to file his amended complaint beyond June 26, 2020, plaintiff my file another motion 28 1 | for extension at that time. Thus, plaintiff's motion to appoint counsel is denied without prejudice. 2 | ECFNo. 11. 3 4 IT IS SO ORDERED. ° p : —N prssann — Dated: _ April 11, 2020 6 UNI STATE AGISTRATE JUDGE 7 8 | No. 204. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28