Piazza v. Brackett et al

Filing 5

ORDER Denying Plaintiff's 4 Motion to Appoint Counsel signed by Magistrate Judge Sandra M. Snyder on 10/11/2011. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL J. PIAZZA,

CASE NO. 1:11-cv-01536-AWI-SMS

Plaintiff,

ORDER DENYING PLAINTIFF'S
MOTION FOR APPOINTMENT
OF COUNSEL

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v.
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C.H.P. OFFICER D.R. BRACKETT,
CERES DET. DEREK PERRY,

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Defendants.

(Doc. 4)

_____________________________/
Plaintiff Michael J. Piazza, proceeding pro se and in forma pauperis, moves the Court for an

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order appointing counsel at public expense. Having reviewed Plaintiff's motion in its entirety, this

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Court denies Plaintiff's motion.

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The United States Supreme Court has ruled that district courts lack authority to require

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counsel to represent indigent prisoners in § 1983 cases. Mallard v. U. S. Dist. Court for the S. Dist.

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of Iowa, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the

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voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Rand v. Rowland, 113 F.3d

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1520, 1525 (9th Cir. 1997), withdrawn in part, on other grounds, 154 F.3d 952 (1998), cert. denied,

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527 U.S. 1035 (1999); Aldabe v. Aldabe, 616 F.2d 1089, 1093 (9th Cir. 1980). Without a reasonable

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method of securing and compensating counsel, this court will seek volunteer counsel only in the

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most serious and exceptional cases.

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In the present case, the court does not find the required exceptional circumstances. See Rand,

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113 F.3d at 1525. Even if it is assumed that Plaintiff is not well versed in the law and that he has

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made serious allegations which, if proved, would entitle him to relief, his case is not exceptional.

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This court is faced with similar cases almost daily. Therefore, Plaintiff's request for the appointment

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of counsel is HEREBY DENIED.

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IT IS SO ORDERED.
Dated:
icido3

October 11, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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