Ivory Lewis Downs, Jr. v. M. Jiminez, et al.

Summary

The United States District Court for the Eastern District of California grants plaintiff Ivory Lewis Downs, Jr.'s motion for a third thirty-day extension of the discovery deadline. The court extends the discovery and motion-to-compel deadlines, denies plaintiff's request for appointed counsel, and explains that the record does not establish exceptional circumstances under 28 U.S.C. § 1915(e)(1).

Holdings

1. Good cause supported granting plaintiff's motion for a third thirty-day extension and extending the related discovery and motion-to-compel deadlines.
2. The court denied appointment of counsel because plaintiff failed to demonstrate exceptional circumstances; difficulty completing discovery and inability to obtain security-restricted documents are circumstances common to prisoners and do not, without more, warrant a request for voluntary assistance of counsel.

Questions Presented

1. Whether plaintiff demonstrated good cause for a third thirty-day extension of the deadline to serve discovery requests.
2. Whether plaintiff demonstrated exceptional circumstances warranting the court's request for voluntary assistance of counsel under 28 U.S.C. § 1915(e)(1).

Disposition

other