Battiste v. Velasquez et al

Filing 12

ORDER signed by Magistrate Judge Gregory G. Hollows on 09/14/09 denying 10 Motion to Appoint Counsel. (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 1 vs. B. VELASQUEZ, 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 ye6t find the required exceptional circumstances. This order is made without prejudice to a later request which may be based on documents produced during discovery. Plaintiff's motion for the appointment of counsel will therefore be presently denied. ///// ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA EDWARD ANTONIO BATTISTE, Plaintiff, No. CIV S-09-2053 GGH P

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Accordingly, IT IS HEREBY ORDERED that plaintiff's August 31, 2009 motion for the appointment of counsel (Docket No. 10) is denied. DATED: September 14, 2009 /s/ Gregory G. Hollows

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GGH:mp batt2053.31

GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE