Morgan v. CA Dept of Corrections and Rehabilitation, et al.,

Filing 30

ORDER signed by Magistrate Judge Kendall J. Newman on 2/24/2011 DENYING pltf's 29 motion for the appointment of counsel. (Yin, K)

(PC) Morgan v. CA Dept of Corrections and Rehabilitation, et al.,

Doc. 30

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. Therefore, plaintiff's motion for the appointment of counsel is denied. //// //// //// 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA TYRONE MORGAN, Plaintiff, vs. CA. DEPT. OF CORRECTIONS AND REHABILITATION, et al., ORDER No. 2:09-cv-2155 WBS KJN P

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morg2155.31kjn

Accordingly, IT IS HEREBY ORDERED that plaintiff's February 16, 2011 motion for the appointment of counsel (Dkt. No. 29) is denied. DATED: February 24, 2011

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

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