Clay v. Walker et al

Filing 59

ORDER signed by Magistrate Judge Carolyn K. Delaney on 01/24/12 ordering plaintiff's 01/06/12 motion for a legal assistant 56 is denied. Plaintiff's 01/09/12 motion to appoint counsel 57 is denied. (Plummer, 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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DEANGELO CLAY,
Plaintiff,

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vs.
J. WALKER, et al.,
Defendants.

ORDER
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No. CIV S-09-2899 CKD P

Plaintiff has requested the appointment of counsel. The United States Supreme

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

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prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In

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certain exceptional circumstances, the court may request the voluntary assistance of counsel

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pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991);

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Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court

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does not find the required exceptional circumstances. Plaintiff’s request for the appointment of

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counsel will therefore be denied.

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Plaintiff has also requested that another inmate, acting as plaintiff’s legal

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assistant, be present at plaintiff’s videotaped deposition. As plaintiff has no right to the presence

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of an inmate legal assistant at his deposition, the court will deny this request.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s January 6, 2012 motion for legal assistant (Dkt. No. 56) is denied;

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2. Plaintiff’s January 9, 2012 motion to appoint counsel (Dkt. No. 57) is denied.

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Dated: January 24, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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clay2899.31

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