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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 VERNON WAYNE McNEAL, 11 No. 2:02-cv-2524 TLN JFM (PC) Plaintiff, 12 v. 13 FLEMING, et al., 14 ORDER Defendants. 15 16 Plaintiff has requested the appointment of counsel. ECF No. 256. The United States 17 Supreme Court has ruled that district courts lack authority to require counsel to represent indigent 18 prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In 19 certain exceptional circumstances, the court may request the voluntary assistance of counsel 20 pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); 21 Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court 22 does not find the required exceptional circumstances. Plaintiff’s request for the appointment of 23 counsel will therefore be denied. 24 Accordingly, IT IS HEREBY ORDERED that plaintiff’s October 18, 2013 motion for the 25 appointment of counsel (ECF No. 256) is denied. 26 Dated: October 23, 2013 27 28 /mp; mcne2524.31 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE

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