Lees v. Felker et al

Filing 101

ORDER denying 100 Motion to Appoint Counsel signed by Magistrate Judge Kimberly J. Mueller on 10/01/10. (Plummer, M)

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(PC)(CONSENT) Lees v. Felker et al Doc. 101 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. T. FELKER, et al., Defendants. / Plaintiff has requested the appointment of counsel to assist him telephonically during the upcoming settlement conference. 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, noting that plaintiff has represented himself ably to date, the court does not find the required exceptional circumstances. Plaintiff's motion for the appointment of counsel will therefore be denied. ///// ///// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ALEXANDER LEES, Plaintiff, No. CIV S-08-0196 KJM P ORDER 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 /mp lees0196.31 Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for the appointment of counsel (Docket No. 100) is denied. DATED: October 1, 2010. 2

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