Dean v. Cavagnaro et al
Filing
28
ORDER signed by Magistrate Judge Kendall J. Newman on 3/4/10 ORDERING that 25 and 26 Motions to Appoint Counsel are DENIED. (Dillon, M)
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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. CAVAGNARO, 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 motions for the appointment of counsel will therefore be denied. //// //// //// 1 ORDER ALTON E. DEAN, Plaintiff, No. 2:09-cv-1339 KJN P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
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dean1339.31
Accordingly, IT IS HEREBY ORDERED that plaintiff's March 1, 2010 and March 2, 2010 motions for the appointment of counsel are denied. DATED: March 4, 2010
_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE
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