Bell v. Harringon, et al

Filing 22

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/6/11 ORDERING that 21 Motion to Appoint Counsel and to correct defendant Doran's name is DENIED without prejudice. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HORACE ANDREW BELL,

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Plaintiff,

No. CIV S-09-2426 JAM EFB P

vs.
KELLY HARRINGTON, et al.,
Defendants.

ORDER
/

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He has requested that the court appoint counsel. District courts lack authority to

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require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States

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Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request

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counsel voluntarily to represent such a plaintiff. 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935

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F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990).

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The court finds that there are no exceptional circumstances in this case.

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In addition, plaintiff has requested that the spelling of defendant Doran’s name be

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corrected on the service document given to the U.S. Marshal. Such a correction may be

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unnecessary, as plaintiff has spelled the name properly in his complaint. If the U.S. Marshal is

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unable to serve defendant Doran because of the spelling error, plaintiff may renew his request.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s May 25, 2011 motion for

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appointment of counsel and to correct defendant Doran’s name is denied without prejudice.

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DATED: June 6, 2011.

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