Rodella v. Jackson et al

Filing 76

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/21/11 DENYING 74 Motion to Appoint Counsel. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VICTOR JOSEPH RODELLA,
Plaintiff,

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No. CIV S-09-0794 GEB EFB P

vs.

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TERRY JACKSON, 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 for the fourth time requested that the court appoint counsel. As plaintiff

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has previously been informed on three occasions, district courts lack authority to require counsel

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to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490

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U.S. 296, 298 (1989). In exceptional circumstances, the court may request counsel voluntarily to

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represent such a plaintiff. 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th

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Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). The court finds that

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there are no exceptional circumstances in this case.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s June 10, 2011, request for

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appointment of counsel is denied.

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DATED: June 21, 2011.

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