Garrison Johnson v. Cate et al
Filing
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ORDER Denying Motion For Appointment Of Counsel (Document # 27 ), signed by Magistrate Judge Dennis L. Beck on 3/16/2012. (Fahrney, E)
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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GARRISON S. JOHNSON,
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1:10-cv-01918-LJO-DLB (PC)
Plaintiff,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL
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v.
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MATTHEW CATE, et al.,
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Defendants.
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________________________________/
(Document #27)
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On February 10, 2012, plaintiff filed a motion seeking the appointment of counsel
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pursuant to 28 U.S.C. § 1915(e)(1). Pursuant to § 1915(e)(1), “[t]he court may request an
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attorney to represent any person unable to afford counsel.” This section applies to persons
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proceeding in forma pauperis. See Mallard v. United States Dist. Court for Southern Dist., 490
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U.S. 296, 298 (1989). Plaintiff is not proceeding in forma pauperis in this action, having paid the
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filing fee in full. Thus, the Court lacks statutory authority to appoint counsel to represent
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Plaintiff.
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For the foregoing reasons, plaintiff’s motion for the appointment of counsel is HEREBY
DENIED.
IT IS SO ORDERED.
Dated:
77e0d6
March 16, 2012
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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