Dustin v. Felker et al

Filing 13

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/14/09 ORDERING that pltf's 1 request for appointment of counsel is DENIED.(Yin, K)

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. TOM FELKER, et al., Defendants. / Plaintiff is a prisoner without counsel seeking relief for alleged civil rights violations. See 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 November 5, 2008, request for appointment of counsel is denied. DATED: April 14, 2009. ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DALE OWEN DUSTIN, Plaintiff, No. CIV S-08-2638 EFB P