Hampton v. Sahota, et al

Filing 91

ORDER signed by Judge John A. Mendez on 12/14/2011 ORDERING that plaintiff's 86 request for reconsideration and renewed request for appointment of counsel is denied. (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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ARMSTER HAMPTON,

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Plaintiff,

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vs.

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No. 2:06-cv-0966 JAM KJN P

P. SAHOTA, et al.,

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Defendants.

ORDER
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On March 26, 2009, the Magistrate Judge issued an order denying plaintiff’s

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motion for counsel. On December 2, 2011, plaintiff filed a request for reconsideration of that

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order. Local Rule 303(b), states “rulings by Magistrate Judges shall be final if no reconsideration

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thereof is sought from the Court within fourteen days . . . from the date of service of the ruling on

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the parties. . .” E.D. Local Rule 303(b). Plaintiff’s request for reconsideration of the magistrate

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judge’s order of March 26, 2009, is therefore untimely.

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To the extent plaintiff’s motion for reconsideration can be construed as a renewed

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motion for appointment of counsel, the United States Supreme Court has ruled that district courts

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lack authority to require counsel to represent indigent prisoners in § 1983 cases. Mallard v.

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United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the

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court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell

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v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36
(9th Cir. 1990). In the present case, the court does not find the required exceptional

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circumstances. Therefore, plaintiff’s request for the appointment of counsel is denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s December 2, 2011

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request for reconsideration and renewed request for appointment of counsel (Dkt. No. 86) is

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denied.

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DATED:

December 14, 2011

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/s/ John A. Mendez
UNITED STATES DISTRICT JUDGE

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