Brownlee v. Clayton et al

Filing 105

ORDER denying 100 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 01/14/13. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TERRENCE BROWNLEE,
Plaintiff,

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vs.

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No. 2:08-cv-0661 LKK AC P

R. CLAYTON, et al.,
Defendants.

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ORDER
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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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prisoners 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, as the court

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has stated previously (Doc. No. 92), the issues are relatively straightforward and expert

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assistance is not required. Therefore, the court does not find the requisite exceptional

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circumstances. Plaintiff’s request for the appointment of counsel will therefore be denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the

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appointment of counsel (Docket No. 100) is denied.

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DATED: January 14, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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AC:md

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brow0661.31

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