Cabrera v. Maddock et al

Filing 8

ORDER Denying 3 Motion to Appoint Counsel signed by Magistrate Judge Michael J. Seng on 06/16/2010. (Flores, E)

1 2 3 4 5 6 7 8 9 ELVIS JOHN CABRERA, 10 Plaintiff, 11 v. 12 THOMAS M. MADDOCK, et al., 13 Defendants. 14 / 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Elvis John Cabrera ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Before the Court is Plaintiff's Motion for Appointment of Counsel (Doc. 3). 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, 298, 109 S.Ct. 1814, 1816 (1989). In certain exceptional circumstances, the Court may request the voluntary (Doc. 3) ORDER DENYING MOTION TO APPOINT COUNSEL CASE NO. 1:10-cv-611-OW W -MJS (PC)

U N IT E D STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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. 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

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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 almost daily. Accordingly, Plaintiff's Motion for Appointment of Counsel (Doc. 3) is DENIED.

IT IS SO ORDERED. Dated: ci4d6 June 16, 2010 /s/ UNITED STATES MAGISTRATE JUDGE

Michael J. Seng

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