Clark v. California State Prison Solano Medical Care System et al

Filing 21

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/6/09 DENYING 17 Motion to Appoint Counsel. (Dillon, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 / 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. ///// ///// ///// 1 ORDER vs. CALIFORNIA STATE PRISON SOLANO MEDICAL CARE SYSTEM, et al., IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JEROME DONALD CLARK, Plaintiff, No. CIV S-09-1638 WBS GGH P

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Accordingly, IT IS HEREBY ORDERED that plaintiff's September 22, 2009, request for the appointment of counsel (Docket No. 17) is denied. DATED: October 6, 2009 /s/ Gregory G. Hollows

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GGH:kly clar1638.31

GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE