Turner v. Lawson et al

Filing 9

ORDER signed by Magistrate Judge Kimberly J. Mueller on 04/06/10 ordering the motion filed by plaintiff on 01/26/10 5 is denied. (Plummer, M)

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. LATISHA LAWSON, et al., Defendants. / Plaintiff, who has consented to magistrate jurisdiction, filed a motion on January 26, 2010. To the extent plaintiff seeks 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. As for any other request for relief made in the January 26 motion, the court finds that any injunctive relief plaintiff may seek is being addressed by the court's order filed April 2, 2010. To the extent plaintiff makes any other request, plaintiff has failed to present a valid basis for relief at the present time. ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ANTHONY R.G. TURNER, Plaintiff, No. CIV S-10-0057 KJM P

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1 turn0057.ifp

Accordingly, IT IS HEREBY ORDERED that the motion filed by plaintiff on January 26, 2010 (docket no. 5) is denied. DATED: April 6, 2010.