(PC) Fisher v. Galyen ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AL GENE FISHER, Jr., Case No. 2:22-cv-01952-TLN-JDP (PC) 12 Plaintiff, ORDER 13 v. GRANTING PLAINTIFF’S MOTION FOR AN EXTENSION OF TIME AND DENYING 14 GALYEN, et al., PLAINTIFF’S MOTION TO APPOINT COUNSEL 15 Defendants. ECF Nos. 28 & 29 16 AMENDED COMPLAINT DUE WITHIN 17 THIRTY DAYS 18 19 Plaintiff is a state inmate proceeding without counsel in this civil rights action brought 20 under 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for an extension of time to 21 file an amended complaint and motion for the appointment of counsel. ECF Nos. 28 & 29. Good 22 cause appearing, plaintiff’s motion for an extension of time is granted. 23 Plaintiff does not have a constitutional right to appointed counsel in this action, see Rand 24 v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court lacks the authority to require an 25 attorney to represent plaintiff. See Mallard v. U.S. Dist. Ct. for the S. Dist. of Iowa, 490 U.S. 296, 26 298 (1989). The court can request the voluntary assistance of counsel. See 28 U.S.C. 27 § 1915(e)(1) (“The court may request an attorney to represent any person unable to afford 28 counsel”); Rand, 113 F.3d at 1525. But without a means to compensate counsel, the court will 1 | seek volunteer counsel only in exceptional circumstances. In determining whether such 2 || circumstances exist, “the district court must evaluate both the likelihood of success on the merits 3 | [and] the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the 4 | legal issues involved.” Rand, 113 F.3d at 1525 (internal quotation marks and citations omitted). 5 The appointment of counsel is not warranted. The allegations in the complaint are not 6 | exceptionally complicated, plaintiff has submitted pleadings without the assistance of counsel, 7 | and he has not demonstrated that he is likely to succeed on the merits. 8 Accordingly, it is hereby ORDERED that: 9 1. Plaintiffs motion for an extension of time, ECF No. 28, is granted. 10 2. Plaintiff is granted thirty days from the date of this order to file an amended complaint. 11 3. Plaintiff's motion for the appointment of counsel, ECF No. 29, is denied. 12 4. Failure to comply with this order may result in a recommendation of dismissal. 13 4 IT IS SO ORDERED. 15 ( 1 ow — Dated: _ January 4, 2024 q———_ 16 JEREMY D. PETERSON 7 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28