Rodriguez v. Tilton, et al

Filing 58

ORDER denying 55 Motion to Appoint Counsel signed by Magistrate Judge Gregory G. Hollows on 05/04/11. (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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LUIS VALENZUELA RODRIGUEZ,

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Plaintiff,

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No. CIV S-08-1028 GEB GGH P

vs.
JAMES TILTON, 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, the court

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does not find the required exceptional circumstances. Plaintiff’s request for the appointment of

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counsel will therefore be denied.1

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The undersigned also bases his decision on the fact that plaintiff apparently has been
determined to be a three strikes filer in the Northern District, and has filed many cases in this district.
Plaintiff has much experience in litigation.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the

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appointment of counsel (Docket No. 55) is denied.

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DATED: May 4, 2011

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/s/ Gregory G. Hollows
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GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE

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GGH:md
rodr1028.31

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