Greene v. Tilton et al

Filing 76

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/1/2013 DENYING plaintiff's 75 motion for the appointment of counsel. (cc: EFB) (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD H. GREENE,
Plaintiff,

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vs.

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No. 2:09-cv-0793 JAM JFM (PC)

JAMES TILTON, et al.,
Defendants.

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ORDER
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Plaintiff has requested the appointment of counsel. The United States Supreme

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Court has ruled that district courts lack authority to require counsel to represent indigent

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prisoners in § 1983 cases. See Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989).

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In certain exceptional circumstances, the court may request the voluntary assistance of counsel

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pursuant to 28 U.S.C. § 1915(e)(1). See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991);

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Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court

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does not find the required exceptional circumstances. Plaintiff’s motion for the appointment of

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counsel will therefore be denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s March 27, 2013 motion

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for the appointment of counsel is denied.

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DATED: April 1, 2013.

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gree0793.31(3)

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