Moten v. Adams et al

Filing 4

ORDER DENYING 2 Motion to Appoint Counsel signed by Judge William M. Wunderlich on 06/29/07. (Verduzco, M)

Download PDF
(PC) Moten v. Adams et al Doc. 4 Case 1:07-cv-00924-AWI-WMW 1 2 3 4 5 6 7 8 9 10 11 12 Plaintiff, 13 v. 14 DARREL G. ADAMS, et al., 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JESSE T. MOTEN, Document 4 Filed 07/02/2007 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 1:07-cv-00924-AWI-WMW (PC) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (DOCUMENT #2) 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 District Court for the Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). In certain exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. 1915(e)(1). Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997). Without a reasonable method of securing and compensating counsel, this court will seek volunteer counsel only in the most serious and exceptional cases. In the present case, the court does not find the required exceptional circumstances. See Rand, 113 F.3d at 1525. Even if it is assumed that plaintiff is not well versed in the law and that he has made serious allegations which, if proved, would entitle him to relief, his case is not exceptional. This court is faced with similar cases almost daily. Therefore, plaintiff's request for the appointment of -1- Dockets.Justia.com Case 1:07-cv-00924-AWI-WMW 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 counsel shall be denied. Document 4 Filed 07/02/2007 Page 2 of 2 In accordance with the above, plaintiff's request for the appointment of counsel is HEREBY DENIED. IT IS SO ORDERED. Dated: j14hj0 June 29, 2007 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?