Garrison Johnson v. Cate et al

Filing 30

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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GARRISON S. JOHNSON, 12 1:10-cv-01918-LJO-DLB (PC) Plaintiff, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL 13 v. 14 MATTHEW CATE, et al., 15 Defendants. 16 ________________________________/ (Document #27) 17 On February 10, 2012, plaintiff filed a motion seeking the appointment of counsel 18 pursuant to 28 U.S.C. § 1915(e)(1). Pursuant to § 1915(e)(1), “[t]he court may request an 19 attorney to represent any person unable to afford counsel.” This section applies to persons 20 proceeding in forma pauperis. See Mallard v. United States Dist. Court for Southern Dist., 490 21 U.S. 296, 298 (1989). Plaintiff is not proceeding in forma pauperis in this action, having paid the 22 filing fee in full. Thus, the Court lacks statutory authority to appoint counsel to represent 23 Plaintiff. 24 25 26 27 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 28 -1-

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