Brownlee v. Clayton et al

Filing 92

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/11/12 DENYING 91 Motion to Appoint Counsel. (Dillon, 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.
R. CLAYTON, et al.,
Defendants.

ORDER
/

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

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, where the

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issues are relatively straightforward and do not require expert assistance, the court does not find

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the required exceptional circumstances. Plaintiff’s motion for the appointment of counsel will

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therefore be denied.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s August 23, 2012 motion

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for the appointment of counsel (Docket No. 91) is denied.

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DATED: September 11, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:mp

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brow0661.31

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