Cornish v. Sacramento Police Department

Filing 14

ORDER signed by Magistrate Judge Dale A. Drozd on 5/25/2011 DENYING pltf's 11 motion for appointment of counsel. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AMMIEL CORNISH,

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Plaintiff,
vs.

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OFFICER HARSHBARGER,
Defendant.

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ORDER
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Plaintiff, a former state prisoner proceeding pro se with a civil rights action, has

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No. CIV S-10-0230 DAD P

requested appointment of counsel.
The United States Supreme Court has ruled that district courts lack authority to

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

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

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voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d

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

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the present case, the court does not find the required exceptional circumstances. Plaintiff’s

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request for the appointment of counsel will therefore be denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s May 20, 2011 motion for

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appointment of counsel (Doc. No. 11) is denied.

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DATED: May 25, 2011.

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DAD:mp
corn0230.31

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