(PC) Calderon v. Covello ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN CARLOS CALDERON, No. 2:23-cv-2049 WBS CSK P 12 Plaintiff, 13 v. ORDER 14 P. COVELLO, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. Pending before the court is defendant’s motion to stay the responsive 19 pleading deadline and plaintiff’s motion for appointment of counsel. (ECF Nos. 44, 48.) For the 20 reasons stated herein, plaintiff’s motion for appointment of counsel is denied and defendant’s 21 motion to stay the responsive pleading deadline is granted. 22 Plaintiff’s Motion for Appointment of Counsel (ECF No. 44) 23 The United States Supreme Court has ruled that district courts lack authority to require 24 counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 25 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the voluntary 26 assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 27 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present 28 case, this Court does not find the required exceptional circumstances. Plaintiff’s motion for 1 | appoimtment of counsel will therefore be denied. 2 | Defendant’s Motion to Stay Responsive Pleading Deadline (ECF No. 48) 3 On April 16, 2024, this Court granted defendant’s motion to opt out of the Post-Screening 4 | ADR Project and ordered defendant to file a responsive pleading to plaintiff's amended complaint 5 || within thirty days of the date of the order. (ECF No. 43.) On May 13, 2024, defendant filed a 6 || motion to revoke plaintiffs in forma pauperis status pursuant to Federal Rule of Civil Procedure 7 || 1915(g). (ECF No 46.) On May 13, 2024, defendant filed the pending motion to stay the 8 || responsive pleading deadline. (ECF No. 48.) Defendant requests that the responsive pleading 9 | deadline, set in the April 16, 2024 order, be stayed until after the court rules on defendant’s 10 | motion to revoke plaintiff's in forma pauperis status. (Id.) 11 Good cause appearing, defendant’s motion to stay the responsive pleading deadline 1s 12 | granted. 13 Accordingly, IT IS HEREBY ORDERED that: 14 1. Plaintiff's motion for appointment of counsel (ECF No. 44) is denied; 15 2. Defendant’s motion to stay the responsive pleading deadline (ECF No. 48) is granted; 16 the responsive pleading deadline will be reinstated following resolution of defendant’s 17 motion to revoke plaintiff's in forma pauperis status, if necessary; and 18 3. Plaintiff is granted thirty days from the date of this order to file an opposition to 19 defendant’s motion to revoke his in forma pauperis status. 20 21 || Dated: May 15, 2024 A aA Aan Spe | CHI SOO KIM 23 UNITED STATES MAGISTRATE JUDGE 24 25 cald2049.31 26 | ° 27 28