Tan
(PC) Underwood v. Tan
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERROL LOVELL UNDERWOOD, No. 2:17-CV-0174-KJM-DMC-P Plaintiff, v. ORDER RICHARD TAN, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion (ECF No. 31) for an extension of time and for the appointment of counsel. Good cause appearing therefor, plaintiff’s request for a 90-day extension of time to respond to defendants’ motion for summary judgment is granted in part. Plaintiff will be granted an extension of 60 days from the date of this order. Turning to plaintiff’s request for the appointment of counsel, the United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. See Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the…