Prater v. Kramer et al
Filing
70
ORDER signed by Magistrate Judge Gregory G. Hollows on 3/4/2010 DENYING pltf's 69 motion for the appointment of counsel. (Yin, K)
<![CDATA[
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. MTA OLIVER, et al., Defendants. / Plaintiff has requested 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. 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 motion for the appointment of counsel will therefore be denied. ///// ///// ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CHRISTOPHER KYLE PRATER, Plaintiff, No. CIV S-06-1993 FCD GGH P
1 2 3 4
Accordingly, IT IS HEREBY ORDERED that plaintiff's February 25, 2010 motion for the appointment of counsel (Docket No. 69) is denied. DATED: March 4, 2010 /s/ Gregory G. Hollows
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
GGH:mp prat1993.31(2)
GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
