Lau v. Adams

Filing 11

ORDER denying 9 Motion to Appoint Counsel signed by Magistrate Judge William M. Wunderlich on 4/8/2009. (Lundstrom, T)

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 1 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, 109 S.Ct. 1814 (1989). In certain exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(d). Terrell v. Brewer, 935 F.2d 1015 (9th vs. DERRAL ADAMS, et al., Defendants. ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (DOC 9) HON LAU, Plaintiff, 1:09 CV 0022 WMW P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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Cir. 1990); Wood v. Housewright, 900 F.2d 1332 (9th Cir. 1990). In the present case, the court does not find the required exceptional circumstances. Accordingly, plaintiff's request for the appointment of counsel is denied.

IT IS SO ORDERED. Dated: j14hj0 April 8, 2009 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE

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