Howard v. Sullivan et al
Filing
7
ORDER DENYING 3 Motion to Appoint Counsel signed by Judge Dennis L. Beck on 07/12/2007. (Esteves, C)
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(DLB)(PC) Howard v. Sullivan et al
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Case 1:07-cv-00988-OWW-NEW 1 2 3 4 5 6 7 8 9 10 11 12 Plaintiff, 13 v. 14 W. J. SULLIVAN, et al., 15 16 17 CLARENCE E. HOWARD,
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
1:07-cv-00988-OWW-NEW (DLB) PC ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (DOCUMENT #3)
Defendants. ____________________________________/ Plaintiff has requested the appointment of counsel. The United States Supreme Court
18 has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 19 cases. Mallard v. United States District Court for the Southern District of Iowa, 490 U.S. 296, 298, 109 20 S.Ct. 1814, 1816 (1989). In certain exceptional circumstances, the court may request the voluntary 21 assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Rand v. Rowland, 113 F.3d 1520, 1525 (9th 22 Cir. 1997). Without a reasonable method of securing and compensating counsel, this court will seek 23 volunteer counsel only in the most serious and exceptional cases. 24 In the present case, the court does not find the required exceptional circumstances. See 25 Rand, 113 F.3d at 1525. Even if it is assumed that plaintiff is not well versed in the law and that he has 26 made serious allegations which, if proved, would entitle him to relief, his case is not exceptional. This 27 /// 28 -1-
Dockets.Justia.com
Case 1:07-cv-00988-OWW-NEW 1 2 3 4 5 6 7 i0d3h8 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated:
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court is faced with similar cases almost daily. Therefore, plaintiff's request for the appointment of counsel shall be denied. In accordance with the above, plaintiff's request for the appointment of counsel is HEREBY DENIED.
July 12, 2007
/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE
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