McCloud v. Solano County Sheriff's Department et al

Filing 33

ORDER denying 32 Motion to Appoint Counsel signed by Magistrate Judge Gregory G. Hollows on 06/03/10. (Plummer, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 / 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 vs. SOLANO COUNTY SHERIFF'S DEPARTMENT, et al., IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RICKY J. McCLOUD, Plaintiff, No. CIV S-09-0284 GGH P

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Accordingly, IT IS HEREBY ORDERED that plaintiff's May 20, 2010 motion for the appointment of counsel (Docket No. 32) is denied. DATED: June 3, 2010 /s/ Gregory G. Hollows

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GGH:mp mccl0284.31(2)

GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE