(PC) Gonzalez v. Perez et al

Filing 110

ORDER DENYING Motions to Appoint Counsel 78 , 80 , 96 signed by Magistrate Judge Jennifer L. Thurston on 4/1/2021. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL HERNANDEZ GONZALEZ,

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Plaintiff,
v.
GUARD H. PEREZ, et al.,

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No. 1:19-cv-1447-JLT (PC)
ORDER DENYING PLAINTIFF’S
MOTIONS FOR APPOINTMENT OF
COUNSEL
(Docs. 78, 80, 96)

Defendants.

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Plaintiff has filed his eighth, ninth, and tenth requests for the appointment of counsel. The

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

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represent indigent prisoners in section 1983 cases. Mallard v. U.S. Dist. Ct., 490 U.S. 296, 298

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(1989). In certain exceptional circumstances, the court may request the voluntary assistance of

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counsel under 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991);

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Wood v. Housewright, 900 F.2d 1332, 1335–36 (9th Cir. 1990). However, Plaintiff has again

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failed to demonstrate the required exceptional circumstances for court assistance in obtaining

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counsel. Accordingly, the Court DENIES the motions without prejudice.

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IT IS SO ORDERED.
Dated:

April 1, 2021

_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE