Summary
The United States District Court for the Eastern District of California denied without prejudice Edward Androshchuk's motion for appointment of counsel in his 42 U.S.C. § 1983 action. The court granted in part his motion for an extension of time, allowing thirty days to file an amended complaint and stating that no further extensions would be granted absent extraordinary circumstances.
Holdings
- Plaintiff failed to meet his burden of demonstrating exceptional circumstances warranting appointment of counsel at that time; his motion was therefore denied without prejudice.
- Plaintiff was granted 30 days from issuance of the order to file an amended complaint, and the request for a 60-day extension was granted only in part.
Questions Presented
- Whether plaintiff demonstrated exceptional circumstances warranting the court's request for voluntary appointment of counsel in his § 1983 action.
- Whether plaintiff should receive a further extension of time to file an amended complaint, and if so, for how long.
Disposition
other
Cases Cited (4)
- Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989)(followed)
- Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991)(followed)
- Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990)(followed)
- Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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