Cyprian v. Givens et al

Filing 83

ORDER signed by Magistrate Judge John F. Moulds on 11/9/11 DENYING 81 renewed motion to appoint counsel. (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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LAWRENCE CYPRIAN,

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Plaintiff,

No. 2:09-cv-2704 JAM JFM (PC)

vs.

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DERRICK GIVENS, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. On December 23, 2009, this court denied plaintiff’s first motion to appoint

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counsel. On September 9, 2011, plaintiff filed a document styled as a motion for reconsideration

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of appointment of counsel. This court construes plaintiff’s motion as a renewed motion for the

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appointment of counsel.

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As the court explained in the December 23, 2009 order, the United States

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Supreme Court has ruled that district courts lack authority to require counsel to represent

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indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298

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(1989). In certain exceptional circumstances, the court may request the voluntary assistance of

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counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.

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1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the
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court does not find the required exceptional circumstances. Plaintiff’s renewed motion for the

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appointment of counsel will therefore be denied.

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In accordance with the above, IT IS HEREBY ORDERED that plaintiff’s

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September 9, 2011 renewed motion for appointment of counsel is denied.

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DATED: November 9, 2011.

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cypr2704.31(2)

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