Montoya v. Childers

Filing 38

ORDER signed by Magistrate Judge Craig M. Kellison on 3/14/11 DENYING 36 Motion to Appoint Counsel. The Clerk of Court is directed to assign a district judge to this action. United States District Judge Morrison C. England, Jr. has been assigned to this case. (Dillon, M)

-CMK (TEMP)(PC) Montoya v. Childers

Doc. 38

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 vs. D. CHILDERS, Defendant. / Plaintiff has requested the appointment of counsel. The United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 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). In the present case, the court does not find the required exceptional circumstances. Plaintiff's request for the appointment of counsel will therefore be denied. The deadline for filing dispositive motions has passed with neither party seeking dismissal or summary judgment. Therefore, the court will direct the Clerk of Court to assign this case to a district judge. Deadlines for pretrial statements and a date for trial will issue as soon as 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA NIKIANO MONTOYA, Plaintiff, No. CIV S-09-1580 CMK (TEMP) P

ORDER

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a district judge is assigned. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's request for the appointment of counsel (Docket No. 36) is denied. 2. The Clerk of Court is directed to assign a district judge to this action.

DATED: March 14, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

hm mont1580.31

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