Summary
The United States District Court for the Eastern District of California denied Forrest Kendrid’s motion for appointment of counsel in his civil rights action against Yahiya and others. The court found no exceptional circumstances warranting appointed counsel and granted plaintiff’s motion for an extension of time to oppose defendants’ summary judgment motion, setting the deadline for November 10, 2025.
Holdings
- Appointment of counsel was not warranted because plaintiff did not establish exceptional circumstances. The court could not determine that plaintiff was likely to succeed on the merits, and the issues were not sufficiently complex to overcome his demonstrated ability to articulate his claims and participate in the litigation.
- Plaintiff was granted an extension of time, based on good cause, to file his opposition to defendants' summary judgment motion by November 10, 2025.
Questions Presented
- Whether exceptional circumstances existed warranting appointment of counsel for an indigent civil litigant under 28 U.S.C. § 1915(e)(1).
- Whether plaintiff established good cause for an extension of time to oppose defendants' motion for summary judgment.
Disposition
other
Cases Cited (2)
- United States v. Sardone, 94 F.3d 1233, 1236 (9th Cir. 1996)(followed)
- Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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