Pleshchuk

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARYL HICKS, No. 2:22-cv-0903 TLN CSK P 12 Plaintiff, 13 v. ORDER 14 PLESCHUK, et al., 15 Defendants. 16 17 Plaintiff is a former state prisoner temporarily in county custody proceeding pro se in an 18 action brought under 42 U.S.C. § 1983. Plaintiff filed a motion for extension of time and requests 19 that the court appoint counsel. As discussed below, plaintiff’s motion for extension of time is 20 partially granted, and his requests for appointment of counsel are denied. 21 I. PLAINTIFF’S ALLEGATIONS 22 In his second amended complaint, plaintiff alleges defendants Powell and Dr. Pleshchuk 23 were determined to remove plaintiff from the Enhanced Outpatient program (“EOP”), despite his 24 demonstrated need for such mental health care, in violation of the Eighth Amendment.1 (ECF 25 No. 16 at 3-5.) 26 1 CDCR’s Mental Health Services Delivery System Program Guide provides four levels of 27 mental health care services: Correctional Clinical Case…