DAVIS v. SACRAMENTO COUNTY JAIL, 2:11-cv-1027 WBS CKD P. (2012)
Court: District Court, E.D. California
Number: infdco20120531861
Visitors: 10
Filed: May 29, 2012
Latest Update: May 29, 2012
Summary: ORDER CAROLYN K. DELANEY, Magistrate Judge. 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. 199
Summary: ORDER CAROLYN K. DELANEY, Magistrate Judge. 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..
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ORDER
CAROLYN K. DELANEY, Magistrate Judge.
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 request for the appointment of counsel will therefore be denied.
Accordingly, IT IS HEREBY ORDERED that plaintiff's requests for the appointment of counsel (Docket Nos. 59 and 60) are denied.
Source: Leagle
