(PC Marconnett v. Sacramento County Sheriff Department et al

Filing 24

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/6/10 ORDERING that Plaintiff's 11/23/10 MOTION for Appointment of Counsel 23 is DENIED. (Mena-Sanchez, L)

Download PDF
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 vs. SACRAMENTO COUNTY SHERIFF DEPARTMENT, et al., Defendants. / ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA VINCENT SCOTT MARCONNETT, Plaintiff, No. CIV S-09-3369 JAM EFB P Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. 1983. He has requested that the court appoint counsel. District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request counsel voluntarily to represent such a plaintiff. 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). The court finds that there are no exceptional circumstances in this case. Accordingly, IT IS HEREBY ORDERED that plaintiff's November 23, 2010 request for appointment of counsel is denied. DATED: December 6, 2010.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?