Coley v. Sisto et al

Filing 38

ORDER signed by Magistrate Judge George W. Foley on 1/15/09 ORDERING that Plaintiff's 36 37 Requests for Appointment of Counsel are DENIED. (Duong, D)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GEORGE FOLEY, JR. UNITED STATES MAGISTRATE JUDGE This matter is before the Court on Plaintiff's Requests for Appointment of Counsel (#36) and (#37), filed on December 31, 2008, and on January 12, 2009, respectively. As the Court previously advised Plaintiff, the United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request counsel voluntarily to represent such a plaintiff. 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). The Court again finds that there are no exceptional circumstances in this case. Accordingly, IT IS HEREBY ORDERED that Plaintiff's Requests for Appointment of Counsel (#36) and (#37) are denied. DATED this 15th day of January, 2009. ANDREW CALVIN COLEY, ) ) Plaintiff, ) ) vs. ) ) DR. CASSIM, et al., ) ) Defendants. ) __________________________________________)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Case No. 2:07-cv-00934-PMP-GWF ORDER