Zamaro v. Moonga et al

Filing 153

ORDER Denying 148 Motion to Appoint Counsel on Appeal, signed by Magistrate Judge Barbara A. McAuliffe on 04/10/14. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:09-cv-00580-BAM (PC)

SAMMY ZAMARO,
Plaintiff,

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL ON APPEAL

v.

(ECF No. 148)

G. MOONGA, et al,
Defendant.

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This action is currently on appeal to the United States Court of Appeals for the Ninth

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Circuit. On March 17, 2014, Plaintiff filed a motion seeking the appointment of counsel on

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appeal. Plaintiff’s motion is best directed to the United States Court of Appeals for the Ninth

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Circuit. However, as Plaintiff filed his motion in this court, this court will address it.

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The United States Supreme Court has ruled that district courts lack authority to require

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counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States District Court

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for the Southern District of Iowa, 490 U.S. 296, 298, 109 S. Ct. 1814, 1816 (1989). In certain

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exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to

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28 U.S.C. § 1915(e)(1). Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997). Without a

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reasonable method of securing and compensating counsel, this court will seek volunteer counsel

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only in the most serious and exceptional cases.

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In the present case, the court does not find the required exceptional circumstances.
Therefore, plaintiff’s request for the appointment of counsel shall be denied.
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Accordingly, plaintiff’s motion for the appointment of counsel on appeal, filed March 17,
2014, is HEREBY DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 10, 2014

_

UNITED STATES MAGISTRATE JUDGE

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A. McAuliffe

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