Proffitt v. The People of County of Shasta et al

Filing 9

ORDER signed by Magistrate Judge Gregory G. Hollows on 4/13/09 ORDERING that pltf's 5 request/motion for appointment of counsel is DENIED. (Yin, K)

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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. PEOPLE OF SHASTA COUNTY, 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 JERRY D. PROFFITT, Plaintiff, No. CIV S-09-0610 GGH P 1 2 3 4 Accordingly, IT IS HEREBY ORDERED that plaintiff's 3/16/09 (docket # 5), request for the appointment of counsel is denied. DATED: April 13, 2009 /s/ Gregory G. Hollows 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 GGH:009/md prof0610.31 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE

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