(PC) Casto v. Newsom ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HERSHEL W. CASTO, Case No. 2:19-cv-02209-KJM-JDP (PC) 12 Plaintiff, AMENDED ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR AN 13 v. EXTENSION OF TIME TO FILE AN OPPOSITION TO DEFENDANTS’ MOTION 14 NEWSOM, et al., FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR THE 15 Defendants. APPOINTMENT OF COUNSEL 16 ECF No. 54 17 Plaintiff has filed a motion for an extension of time to file an opposition to defendants’ 18 motion for summary judgment.1 ECF No. 54. Good cause appearing, that motion is granted in 19 part. 20 21 Plaintiff has also requested the appointment of counsel. Plaintiff does not have a 22 constitutional right to appointed counsel in this action, see Rand v. Rowland, 113 F.3d 1520, 1525 23 (9th Cir. 1997), and the court lacks the authority to require an attorney to represent plaintiff. See 24 Mallard v. U.S. Dist. Ct. for the S. Dist. of Iowa, 490 U.S. 296, 298 (1989). The court may 25 request the voluntary assistance of counsel. See 28 U.S.C. § 1915(e)(1) (“The court may request 26 an attorney to represent any person unable to afford counsel.”); Rand, 113 F.3d at 1525. 27 1 Plaintiff also asks that the Clerk’s office send him a copy of the second amended 28 complaint at ECF No. 37. See ECF No. 54 at 16-17. That request is granted. 1 | However, without a means to compensate counsel, the court will seek volunteer counsel only in 2 || exceptional circumstances. In determining whether such circumstances exist, “the district court 3 | must evaluate both the likelihood of success on the merits [and] the ability of the [plaintiff] to 4 | articulate his claims pro se in light of the complexity of the legal issues involved.” Rand, 113 5 | F.3d at 1525 (internal quotation marks and citations omitted). 6 Plaintiff asks that the court appoint him counsel for the limited purpose of assisting with 7 | discovery. ECF No. 54. Specifically, he states that he needs help taking depositions, writing 8 | declarations, and obtaining medical evidence. Id. at 3-5. Under the court’s scheduling order, all 9 | requests for discovery were to be served no later than April 15, 2022, and all motions to compel 10 || discovery were to be filed by June 17, 2022. ECF No. 42 at 8. Having considered these factors 11 | and the fact that discovery is closed, the court does not find that there are exceptional 12 | circumstances warranting appointment of counsel. 13 Accordingly, it is hereby ORDERED that: 14 1. Plaintiff's motion for an extension of time, ECF No. 54, is granted in part. 15 2. Plaintiff is granted until January 20, 2023, to file an opposition to defendants’ motion 16 | for summary judgment. 17 3. Plaintiff's motion for the appointment of counsel, ECF No. 54, is denied without 18 | prejudice. 19 4. The Clerk’s office is directed to send plaintiff a copy of the second amended complaint 20 | at ECF No. 37. 21 IT IS SO ORDERED. 23 ( 1 Oy — Dated: _ December 8, 2022 Q_-——_ 24 JEREMY D,. PETERSON UNITED STATES MAGISTRATE JUDGE 26 27 28