Norwood v. Alameida, et al

Filing 211

ORDER signed by Magistrate Judge Gregory G. Hollows on 07/13/11 DENYING 198 Motion to Appoint Counsel ; DENYING 210 Renewed Motion to Appoint Counsel. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY LYNN NORWOOD,
Plaintiff,

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vs.

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No. CIV S-03-2554 GEB GGH P

EDWARD ALAMEIDA, JR., et al.,
Defendants.

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ORDER
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Plaintiff has requested the appointment of counsel. The United States Supreme

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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. Moreover, the merits of petitioner’s

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pending motions for relief from judgment and augmentation of the trial record do not appear to

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warrant counsel at this time. Plaintiff’s motions for the appointment of counsel will therefore be

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denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s April 29, 2011 and June

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13, 2011 motions for the appointment of counsel (Docket No’s 198 and 210) are denied.

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DATED: July 13, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:mp

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norw2554.31

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