McNeal v. Fleming, et al

Filing 257

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/23/2013 DENYING plaintiff's 256 motion for appointment of counsel. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VERNON WAYNE McNEAL,

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No. 2:02-cv-2524 TLN JFM (PC)

Plaintiff,

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v.

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FLEMING, et al.,

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ORDER

Defendants.

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Plaintiff has requested the appointment of counsel. ECF No. 256. The United States

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Supreme Court has ruled that district courts lack authority to require counsel to represent indigent

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prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In

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certain exceptional circumstances, the court may request the voluntary assistance of counsel

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pursuant to 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). In the present case, the court

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does not find the required exceptional circumstances. Plaintiff’s request for the appointment of

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counsel will therefore be denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s October 18, 2013 motion for the

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appointment of counsel (ECF No. 256) is denied.

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Dated: October 23, 2013

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/mp; mcne2524.31

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE