Habig v. McAllister, et al.

Filing 21

ORDER signed by Magistrate Judge Kendall J. Newman on 4/14/10 DENYING 20 Motion to Appoint Counsel. (Dillon, M)

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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. W. McALLISTER, et al., Defendants. / 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. Therefore, plaintiff's request for the appointment of counsel is denied. //// //// //// 1 ORDER DAVID HABIG, Plaintiff, No. 09-cv-1819 KJN P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 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 habi1819.31 Accordingly, IT IS HEREBY ORDERED that plaintiff's April 6, 2010 request for the appointment of counsel (Dkt. No. 20) is denied. DATED: April 14, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 2

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