1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 MICHAEL PEACE, Case No. 19-cv-04691-SI 7 Plaintiff, ORDER EXTENDING DEADLINE FOR 8 Vv. AMENDED COMPLAINT AND DENYING REQUEST FOR COUNSEL 9 850 BRYANT STREET, et al., Re: Dkt. No. 9 10 Defendants. 11 Plaintiff has filed a request for an extension of the deadline to file his amended complaint. «= 12 || Upon due consideration, the request is GRANTED. Docket No. 9. Plaintiff must file his amended

13 || complaint no later than January 10, 2020. Failure to file the amended complaint by the deadline

14 || will result in the dismissal of this action. © 15 In that same request, plaintiff asked that counsel be appointed to represent him in this action. Q 16 || A district court has the discretion under

(e)(1) to designate counsel to represent an

= 17 || indigent civil litigant in exceptional circumstances. See Wilborn v. Escalderon,

,

18 1331 (9th Cir. 1986). This requires an evaluation of both the likelihood of success on the merits 19 || and the ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal 20 || issues involved. See

Neither of these factors is dispositive and both must be viewed together 21 || before deciding on a request for counsel under § 1915(e)(1). Exceptional circumstances are not 22 || present at this time because plaintiff has not yet submitted a pleading that states a claim, let alone 23 || one that suggests any likelihood of success on the merits. Plaintiff's request for appointment of 24 || counsel to represent him in this action therefore is DENIED. Docket No. 9. 25 IT IS SO ORDERED. 26 || Dated: December 3, 2019 Stn Ml ee 27 28 SUSAN ILLSTON United States District Judge