Chubbuck v. Hayden et al

Filing 112

ORDER Denying 100 Plaintiff's Motion for Reconsideration of Appointment of Counsel, signed by Judge Oliver W. Wanger on 9/25/2009. (Verduzco, M)

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 27 28 This matter comes before the Court on Plaintiff's Motion for the Court to Reconsider Appointing Counsel filed September 14, 2009. Plaintiff here presents no new facts, law, or identified The United States Supreme Court has ruled that v. HAYDEN, et al., Defendants. DAVID T. CHUBBUCK, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) 1:06-cv-1810 OWW DLB P ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION OF APPOINTMENT OF COUNSEL UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

clear error.

district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States

District Court for the Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). The court may request the

voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). 1997). As stated in Magistrate Judge Dennis L. Beck's Order dated November 21, 2008, the Court has been unable to locate volunteer 1 Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir.

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counsel to assist Plaintiff in prosecuting this action.

this

case is not extraordinary and does not present issues that justify the appointment of counsel to a private litigant. Plaintiff's Motion for Reconsideration re: Appointment of Counsel is DENIED.

IT IS SO ORDERED. Dated: September 25, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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