Hawkins v. Russell, et al

Filing 16

ORDER DENYING 9 Motion to Appoint Counsel signed by Magistrate Judge Kimberly J. Mueller on 10/19/2009. (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. SCOTT RUSSELL, et al., Defendants. / Plaintiff has requested the appointment of counsel. The United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 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). In the present case, the court does not find the required exceptional circumstances. Plaintiff's request for the appointment of counsel will therefore be denied. ///// ///// ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MICHAEL HAWKINS, Plaintiff, No. CIV S-08-2791 KJM P

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Accordingly, IT IS HEREBY ORDERED that plaintiff's request for the appointment of counsel (docket no. 9) is denied. DATED: October 19, 2009.

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