Walton v. Butler et al

Filing 25

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/1/2010 DENYING pltf's 24 motion for appointment of counsel and 23 motion for reconsideration. (Yin, K)

(PC) Walton v. Butler et al

Doc. 25

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. J. BUTLER, 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. He has also requested reconsideration of the court's August 5, 2010 order denying plaintiff's earlier filed request for appointment of 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. //// 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RONALD E. WALTON, Plaintiff, No. CIV S-09-0479 EFB P

ORDER

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Accordingly, IT IS HEREBY ORDERED that plaintiff's October 27, 2010 motions for appointment of counsel and for reconsideration are denied. DATED: November 1, 2010.

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