(PS) Ferreira da Silva v. Ross ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEXANDRA FERREIRA DA SILVA, No. 2:21-cv-01208-KJM-CKD PS 12 Plaintiff, 13 v. ORDER 14 JONATHAN KEVIN ROSS, et al.,, 15 Defendants. 16 17 By order filed August 18, 2021, the court dismissed plaintiff’s original complaint and 18 granted plaintiff 30 days in which to file an amended complaint. Plaintiff has filed a motion for 19 extension of time in which she informs the court of the “non-reception of the order issued on 20 August 18, 2021.” (ECF No. 9.) The request for an extension of time will be granted. 21 Plaintiff also requests the court to appoint counsel. (ECF Nos. 6, 9.) It is “well- 22 established that there is generally no constitutional right to counsel in civil cases.” United States 23 v. Sardone, 94 F.3d 1233, 1236 (9th Cir. 1996). However, under “exceptional circumstances,” a 24 court may appoint counsel for indigent civil litigants pursuant to 28 U.S.C. § 1915(e)(1). When 25 determining whether “exceptional circumstances” exist, a court considers both “the likelihood of 26 success on the merits as well as the ability of the petitioner to articulate [the] claims pro se in light 27 of the complexity of the legal issues involved.” Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 28 2009). ] The court has extremely limited resources to appoint attorneys in civil cases. Having 2 || considered the factors under Palmer, the court finds plaintiff does not meet the burden of 3 || demonstrating exceptional circumstances warranting the appointment of counsel at this time. 4 Good cause appearing, IT IS HEREBY ORDERED: 5 1. Plaintiffs requests for appointment of counsel (ECF Nos. 6, 9) are DENIED; 6 2. Plaintiffs motion for extension of time (ECF No. 9) is GRANTED in part, to the 7 || extent that plaintiff granted an extension of time of 30 days from the date of this order in which 8 | to file an amended complaint that complies with the requirements of the Federal Rules of Civil 9 | Procedure and the Local Rules of Practice; 10 3. The Clerk of the Court is directed to re-serve plaintiff by mail with a copy of the 11 || court’s order signed August 18, 2021 (ECF No. 8.) 12 || Dated: September 1, 2021 f 20 } it | Ld ss 13 CAROLYN K DELANEY 14 UNITED STATES MAGISTRATE JUDGE 15 16 || Fereiral208.36.counsel 17 18 19 20 21 22 23 24 25 26 27 28