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1 Plaintiff is advised that every document submitted to the court for consideration must be

served on defendant. Fed. R. Civ. P. 5. In addition, plaintiff must file a certificate stating the date

an accurate copy of the document was mailed to defendant or her attorney and the address to which

it was mailed. See Local Rule 5-135(b) and (c).

1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

DARIN GREENE,

Plaintiff, No. CIV S-04-0917 MCE DAD P

vs.

SOLANO COUNTY JAIL,

Defendant. ORDER

 /

Plaintiff is proceeding pro se with a civil rights action pursuant to 42 U.S.C. §

1983. On September 27, 2005, defendant Rourk filed a motion for summary judgment. Before

the court are plaintiff’s requests for extensions of time and appointment of counsel.1

Plaintiff first requests an additional sixty days to file his opposition to defendant’s

motion for summary judgment. Plaintiff’s request was filed one day after the defendant’s

summary judgment motion was filed. The court will grant plaintiff only a limited extension of

time in light of plaintiff’s failure to demonstrate that he has been working diligently on his

opposition or to explained why the requested extension of time is necessary.

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2 With his request for the appointment of counsel and expense funds, plaintiff has attached

a notice of change of address. Plaintiff’s address will be changed to Deuel Vocational Institution.

Plaintiff is advised that it is his responsibility to keep the court apprised of his current address at all

times. Local Rule 83-182(f). Plaintiff must notify the court immediately with a new address when

he is released from custody. 

2

Plaintiff has also requested the appointment of counsel.2 The United States

Supreme Court has ruled that district courts lack authority to require counsel to represent

indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298

(1989). In certain exceptional circumstances, the court may request the voluntary assistance of

counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.

1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the

court does not find the required exceptional circumstances. Plaintiff’s request for the

appointment of counsel will therefore be denied.

Next, plaintiff requests funds for “investigative work and any other necessary

expenses relating to this case which will be paid by the losing party.” (Req. for Appoint. of

Assist. of Counsel and Expense Funds for Investigation, at 1.) The expenditure of public funds

on behalf of an indigent litigant is proper only when authorized by Congress. Tedder v. Odel,

890 F.2d 210 (9th Cir. 1989). The in forma pauperis statute does not authorize the expenditure

of public funds for an investigators or for litigation expenses. See 28 U.S.C. § 1915. Therefore,

plaintiff request for funds to assist him in litigating his case will be denied.

Lastly, plaintiff requests additional time to review the deposition transcripts that

have been prepared by a court reporting service. The court will not issue such an order. 

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff’s September 28, 2005 request for an extension of time to file his

opposition is granted in part;

2. Plaintiff shall file his opposition on or before November 28, 2005;

/////

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3

3. Plaintiff’s September 28, 2005 request for the appointment of counsel and for

litigation funds are denied; and

4. Plaintiff’s September 28, 2005 request for an extension of time to review

deposition transcripts is denied.

DATED: October 5, 2005.

DAD:kf/4

gree0917.31

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