Sumahit, et al v. Parker, et al

Filing 121

ORDER signed by Judge Kimberly J. Mueller on 9/20/2011 DENYING 98 Motion to Appoint Counsel and GRANTING 118 Motion in Limine. Pltf to send his exhibits to Dft's counsel within 7 days. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK ROSAS SUMAHIT,
Plaintiff,

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vs.

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Civ. No. S-03-2605 KJM CKD P

CLAY PARKER,

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ORDER

Defendants.
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This case was on calendar on September 14, 2011 for a hearing on plaintiff’s

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motion in limine. Plaintiff appeared via videoconferencing; Gary Brickwood, Brickwood Law

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Office, appeared for defendant.

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The court resolves plaintiff’s motion in limine as follows: Although defendant

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may refer to the fact that plaintiff has a felony record, has served time in prison, and was being

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held as a civil detainee at the time relevant to this action, he may not inform the jury that plaintiff

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was adjudged a sexually violent predator (SVP), that he was being held to determine his SVP

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status or that his prior felony convictions were for child molestation.

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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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plaintiffs 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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IT THEREFORE ORDERED that:

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1. Plaintiff’s motion for the appointment of counsel (ECF No. 98) is denied;

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2. Plaintiff’s motion in limine (ECF No. 118) is granted; and

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3. Plaintiff is directed to send his exhibits to defendant’s counsel within seven

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days of the date of this order.

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DATED: September 20, 2011.

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UNITED STATES DISTRICT JUDGE

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