Walker v. Whitten et al

Filing 65

ORDER signed by Magistrate Judge Carolyn K Delaney on 8?17/2011 ORDERING 64 Plaintiff's request for the appointment of counsel is DENIED; and pltf's request that the court set a date for plaintiff to depose defendants is DENIED. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFFREY E. WALKER,

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Plaintiff,

No. CIV S-09-0642 WBS CKD P

vs.
A.H. WHITTEN, et al.,
Defendants.

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ORDER
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Plaintiff has requested the appointment of counsel because he is going to be

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deposed by defendants. The United States Supreme Court has ruled that district courts lack

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authority to require counsel to represent indigent prisoners in § 1983 cases. Mallard v. United

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States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court

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may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v.

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Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36

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(9th Cir. 1990). Being subjected to a deposition by counsel for defendants is not an exceptional

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circumstance warranting appointment of counsel. Plaintiff’s request for the appointment of

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counsel will therefore be denied.

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Also, plaintiff requests that the court set a date for defendants to be deposed.
However, dates for depositions are established without court intervention unless it is necessary to
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compel a party pursuant to Rule 37 of the Federal Rule of Civil Procedure to appear for a

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deposition. Therefore, plaintiff’s request will be denied.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s August 8, 2011 request for the appointment of counsel is denied.

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2. Plaintiff’s August 8, 2011 request that the court set a date for plaintiff to

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depose defendants is denied.

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Dated: August 17, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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walk0642.dep

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