Rouser v. Rutherford et al

Filing 38

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/20/09 ORDERING that pltf's 37 motion for the appointment of counsel is DENIED. (Yin, K)

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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 vs. K. RUTHERFORD, et al., Defendants. / Plaintiff has requested the appointment of counsel. 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 certain exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 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). In the present case, the court does not find the required exceptional circumstances. Plaintiff's request for the appointment of counsel will therefore be denied. ///// ///// ///// 1 ORDER WILLIAM ROUSER, Plaintiff, No. CIV S-07-1107 JAM GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 Accordingly, IT IS HEREBY ORDERED that plaintiff's July 1, 2009, request for the appointment of counsel (Docket No. 37) is denied. DATED: July 20, 2009 /s/ Gregory G. Hollows 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 GGH:kly rous1107.31 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE

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