BROOK v. SINGH, 2:09-cv-1364 GEB CKD P. (2012)
Court: District Court, E.D. California
Number: infdco20120605796
Visitors: 9
Filed: Jun. 04, 2012
Latest Update: Jun. 04, 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..
More
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, in light of the upcoming settlement conference, the court does not find the required exceptional circumstances at this time. Plaintiff's request for the appointment of counsel will therefore be denied without prejudice.
Accordingly, IT IS HEREBY ORDERED that plaintiff's request for the appointment of counsel (Docket No. 73) is denied.
Source: Leagle
