Prophet v. Clark et al

Filing 4

ORDER DENYING 3 Motion for Appointment of Counsel signed by Magistrate Judge Sandra M. Snyder on 4/8/2010. (Sant Agata, S)

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. KEN CLARK, et al., Defendants. ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (DOC 3) JOSEPH DANNY PROPHET, Plaintiff, 1:09 CV 01066 OWW YNP SMS (PC) 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, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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