Penn v. McDonald et al
Filing
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ORDER denying 29 Motion to Appoint Counsel signed by Magistrate Judge Gregory G. Hollows on 06/28/11. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MARLIN PENN,
Plaintiff,
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No. CIV S-10-2256 FCD GGH (TEMP) P
vs.
McDONALD, et al.,
Defendants.
ORDER
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Plaintiff has requested the appointment of counsel. The United States Supreme
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Court has ruled that district courts lack authority to require counsel to represent indigent
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prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In
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certain exceptional circumstances, the court may request the voluntary assistance of counsel
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pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991);
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Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990).
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The court recently denied plaintiff’s first request for the appointment of counsel.
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As before, the court does not find the required exceptional circumstances to appoint him counsel.
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Plaintiff states in this motion that unnamed officials at High Desert State Prison have impeded
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his access to the court, but the record of this case shows that plaintiff has been able to
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communicate with the court on a regular basis. Moreover, even if plaintiff’s access to the court
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were unreasonably impeded by prison officials, the remedy would be, in severe circumstances, a
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protective order or relief under the All Writs Act, not appointment of counsel. Plaintiff’s motion
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for the appointment of counsel will therefore be denied.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s June 20, 2011 motion for
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the appointment of counsel (Docket No. 29) is denied.
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DATED: June 28, 2011
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/s/ Gregory G. Hollows
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GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE
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GGH:hm
penn2256.31(2)
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