Smith v. Priolo et al

Filing 26

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/29/2011 DENYING 25 Motion to Appoint Counsel. (Waggoner, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EARL D. SMITH,
Plaintiff,

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vs.

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No. CIV S-09-0654 EFB P

B. PRIOLO, et al.,

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Defendants.
/

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ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He has requested that the court appoint counsel. District courts lack authority to

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require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States

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

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counsel voluntarily to represent such a plaintiff. 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935

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F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990).

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The court finds that there are no exceptional circumstances in this case.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s August 23, 2011 request for

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appointment of counsel is denied.

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DATED: August 29, 2011.

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