Baker v. Hatch
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 06/20/11 DENYING 53 Motion to Appoint Counsel. (Michel, G)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT GUY BAKER,
Plaintiff,
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No. CIV S-07-2204 FCD EFB P
Defendant.
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ORDER
vs.
HATCH,
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
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U.S.C. § 1983. He has requested that the court appoint counsel. District courts lack authority to
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require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States
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Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request
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counsel voluntarily to represent such a plaintiff. 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935
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F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990).
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The court finds that there are no exceptional circumstances in this case.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s June 13, 2011, request for
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appointment of counsel is denied.
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DATED: June 20, 2011.
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