Evans v. Sisto et al

Filing 45

ORDER denying 43 Motion to Appoint Counsel signed by Magistrate Judge John F. Moulds on 02/23/10. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JAMES EVANS, Plaintiff, vs. FELKER, et al., Defendants. / Plaintiff has filed a second motion for appointment of counsel.1 As the court noted in its previous order, 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 still does not find the required exceptional circumstances. Plaintiff's second motion for the appointment of counsel will therefore be denied. Plaintiff's first motion, filed December 18, 2009, was denied by order filed January 7, 1 ORDER No. 2:09-cv-0292 JFM (PC)

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2010.

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///// In accordance with the above, IT IS HEREBY ORDERED that plaintiff's February 3, 2010, motion for the appointment of counsel is denied. DATED: February 23, 2010.

12/kly evan0292.31(2)

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