(PC) Barker v. California Health Care Facility ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLAM BARKER, No. 2:19-cv-2602 CKD P 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA HEALTH CARE FACILITY, et al., 15 Defendants. 16 17 18 On June 26, 2020, this court dismissed plaintiff’s complaint with leave to file an amended 19 complaint within thirty days. (ECF No. 7.) On July 10, 2020, plaintiff requested a ninety-day 20 extension of time (ECF No. 10), which this court granted (ECF No. 11). Plaintiff has now filed 21 his second request for a ninety-day extension of time to file an amended complaint. (ECF No. 22 12.) Good cause appearing, the request will be granted. However, no further extensions of time 23 will be granted. 24 Plaintiff is also requesting the appointment of counsel. The United States Supreme Court 25 has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 26 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain 27 exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 28 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. VOAOe GLEE ONY INES MMVUETICETIL LO PRM MSI OOIEN PF OAYye ove 1 | Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). This court previously denied plaintiff's 2 | request for appointment of counsel. (ECF No. 11.) Plaintiff has not pleaded any new facts or 3 | exceptional circumstances warranting appointment of counsel. Accordingly, plaintiff's renewed 4 | request for the appointment of counsel will therefore be denied. 5 IT IS HEREBY ORDERED that: 6 1. Plaintiff's motion for an extension of time (ECF No. 12) is granted; 7 2. Plaintiff is granted ninety days from the date of this order in which to file an amended 8 | complaint. No further extensions of time will be granted; and 9 3. Plaintiff's request for the appointment of counsel (ECF No. 12) is denied. 10 | Dated: September 25, 2020 rd f | Gx CAROLYN K DELANEY) 12 UNITED STATES MAGISTRATE JUDGE 13 14 iskty-bark2602.36sec+31 15 16 17 18 19 20 21 22 23 24 25 26 27 28