Jefferson v. Flohr et al

Filing 24

ORDER DENYING 23 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 10/22/2009. (Suttles, J)

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. L. FLOHR, et al., Defendants. / Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He has requested that the court appoint counsel. District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request counsel voluntarily to represent such a plaintiff. 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). The court finds that there are no exceptional circumstances in this case. Accordingly, IT IS HEREBY ORDERED that plaintiff's October 16, 2009, motion for appointment of counsel is denied. DATED: October 22, 2009. ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DON L. JEFFERSON, Plaintiff, No. CIV S-08-1747 WBS EFB P