Carney

1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 FREDERICK RYDELL CARNEY, Case No. 18-cv-03644-WHO (PR)

Plaintiff, 8 ORDER DENYING MOTION FOR

THE APPOINTMENT OF

v. 9 COUNSEL;

10 L. CUEVAS, et al., ORDER EXTENDING OPPOSITION

DEADLINE

Defendants. 11

12

13 Plaintiff Carney sent the court a letter. (Dkt. No. 18.) In it, he apologizes for not 14 being able to attend a hearing on defendants’ motion for summary judgment and asks for 15 counsel to be appointed. 16 Preliminarily, there will be no hearing. While defendants mention a hearing date in 17 their motion, the Order of Service makes clear that I will not hold a hearing unless I find 18 that one is necessary. 19 Carney’s request for counsel is DENIED. The decision to request counsel to 20 represent an indigent litigant under 28 U.S.C. § 1915 is within “the sound discretion of the 21 trial court and is granted only in exceptional circumstances.” Franklin v. Murphy, 745 22 F.2d 1221, 1236 (9th Cir. 1984). A finding of “exceptional circumstances” requires an 23…