Wade v. Fresno Police Department et al

Filing 45

ORDER DENYING Motion to Appoint Counsel, document 44 ; order signed by Magistrate Judge Dennis L. Beck on 8/24/2010. (Rooney, M)

Wade v. Fresno Police Department et al

Doc. 45

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 state prisoner 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 indigence. The Court denied Plaintiff's motion on August 7, 2009. 20 Now pending before this Court is Plaintiff's renewed motion for appointment of counsel 21 filed on August 19, 2010. Plaintiff indicates that he is unable to afford counsel, his 22 imprisonment limits his ability to litigate, the issues in the case are complex, and counsel would 23 better enable him to present evidence and cross-examine witnesses at trial. Plaintiff also states 24 that he has been unable to obtain counsel. 25 As the Court previously explained to Plaintiff, the United States Supreme Court has ruled 26 that district courts lack authority to require counsel to represent indigent prisoners in § 1983 27 cases. Mallard v. United States District Court for the Southern District of Iowa, 490 U.S. 296, 28 1
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UNITED STATES DISTRICT COURT
) ) ) ) Plaintiff, ) ) v. ) ) FRESNO POLICE DEPARTMENT, et al., ) ) ) ) Defendants. ) ) 1:09cv0599 AWI DLB ORDER DENYING PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL (Document 44)

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298, 109 S.Ct. 1814, 1816 (1989). In certain exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 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. Here, the Court has not found the required exceptional circumstances. See Rand, 113 F.3d at 1525. As the Court found once before, 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. The Court is faced with similar cases on a regular basis. Therefore, Plaintiff's renewed request for the appointment of counsel is DENIED. IT IS SO ORDERED. Dated: 3b142a

August 24, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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