Thomas v. Garcia et al
ORDER Denying 104 Motion for Appointment of Counsel, signed by Magistrate Judge Dennis L. Beck on 3/14/12. (Gonzalez, R)
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA
JEAN-PIERRE K. THOMAS,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
M. P. GARCIA, et al.,
( DOCUMENT # 104)
On January 19, 2012, Plaintiff, a California state prisoner proceeding pro se, filed a
motion seeking the appointment of counsel pursuant to 28 U.S.C. § 1915(d), now codified at §
1915(e)(1). Pursuant to § 1915(e)(1), “[t]he court may request an attorney to represent any
person unable to afford counsel.” This section applies to persons proceeding in forma pauperis.
See Mallard v. United States Dist. Court for Southern Dist., 490 U.S. 296, 298 (1989). Plaintiff
is not proceeding in forma pauperis in this action, having paid the filing fee in full. Thus, the
Court lacks statutory authority to appoint counsel to represent Plaintiff.
For the foregoing reasons, Plaintiff’s motion for the appointment of counsel is HEREBY
IT IS SO ORDERED.
March 14, 2012
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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