Wade v. Fresno Police Department et al

Filing 18

ORDER DENYING Plaintiff's 17 Motion to Appoint Counsel, signed by Magistrate Judge Dennis L. Beck on 8/7/2009. (Sondheim, M)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 DEON WADE, 9 10 11 12 13 14 15 16 Plaintiff Deon Wade ("Plaintiff") is a county jail inmate proceeding pro se and in forma 17 pauperis in this action. Plaintiff filed his complaint on April 3, 2009. 18 On July 30, 2009, Plaintiff filed a motion to appoint counsel and a declaration of 19 20 California Rule of Court 4.551(c)(2). 21 The United States Supreme Court has ruled that district courts lack authority to require 22 counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States District Court 23 for the Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). In certain 24 exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 25 26 27 28
1 P la in tiff's motion and declaration are handwritten, but unsigned. As stated in the Informational Order e n t e r e d April 23, 2009, all documents submitted for filing must include the original signature of the filing party. Fed. R. Civ. P. 11; Local Rule 7-131(b). Plaintiff is cautioned that all future documents submitted without the r e q u i r e d signature will be stricken.

UNITED STATES DISTRICT COURT
) ) ) ) Plaintiff, ) ) v. ) ) FRESNO POLICE DEPARTMENT, et al., ) ) ) ) Defendants. ) ) 1:09cv0599 AWI DLB ORDER DENYING PLAINTIFF'S REQUEST FOR APPOINTMENT OF COUNSEL (Document 17)

indigence.1 Plaintiff contends that counsel must be appointed for an indigent plaintiff based on

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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 on a regular basis. Therefore, Plaintiff's request for the appointment of counsel shall be DENIED.

IT IS SO ORDERED. Dated: 3b142a

August 7, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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