Dean v. Cavagnaro et al

Filing 14

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/04/09 denying plaintiff's July 2, 2009 and July 20, 2009 12 , 13 Motions to Appoint Counsel. Plaintiff has 30 days from the date of service of this order to submit either the filing fee or the application required by section 1915(a). The clerk of the court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis. (Plummer, M)

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 Plaintiff's April 21, 2009 request to proceed in forma pauperis was denied as moot in the May 11, 2009 order of transfer from the United States District Court of for the Northern District of California.
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ALTON E. DEAN, Plaintiff, vs. CAVAGNARO, et al., Defendants. / Plaintiff is confined in a county jail and is proceeding without counsel in an action brought under 42 U.S.C. §1983. To proceed with a civil action a plaintiff must pay the $350 filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and trust account statement required by 28 U.S.C. § 1915(a). Plaintiff has neither paid the fee nor submitted a proper application for leave to proceed in forma pauperis.1 Plaintiff also requests that the court appoint counsel. District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request ORDER No. CIV S-09-1339 EFB P

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counsel voluntarily to represent such a plaintiff. 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). The court finds that there are no exceptional circumstances in this case. Accordingly, IT IS HEREBY ORDERED that plaintiff's July 2, 2009 and July 20, 2009 requests for appointment of counsel are denied. It is further ORDERED that plaintiff has 30 days from the date of service of this order to submit either the filing fee or the application required by § 1915(a). The Clerk of the Court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis. Failure to comply with this order will result in a recommendation that this action be dismissed. So ordered. Dated: December 4, 2009.

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