(SS)(PS) White v. Commissioner of Social Security ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH WHITE, No. 2:22-CV-1953-DMC 12 Plaintiff, 13 v. ORDER 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 18 Plaintiff brings this action for judicial review of a final decision of the 19 Commissioner of Social Security under 42 U.S.C. § 405(g). Pending before the Court is 20 Plaintiff’s motion, ECF No. 10, for the appointment of counsel. 21 The United States Supreme Court has ruled that district courts lack authority to 22 require counsel to represent indigent plaintiffs in civil actions. See e.g. Mallard v. United States 23 Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may 24 request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). See Terrell v. 25 Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 26 (9th Cir. 1990). Plaintiff states that he is indigent and cannot afford counsel. In the present case, 27 the Court does not at this time find Plaintiff has established the required exceptional 28 circumstances. ] Accordingly, IT IS HEREBY ORDERED as follows: 2 1. Plaintiff's motion for the appointment of counsel, ECF No. 10, is 3 || denied. 4 2. The Court sua sponte extends the deadline for Plaintiff to file his 5 || dispositive motion to 60 days from the date of this order. 6 3. The remainder of the Court’s initial scheduling order is modified 7 || consistent with this new deadline. 8 9 | Dated: April 25, 2023 Svc 10 DENNIS M. COTA 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28