Jefferson v. Weaver, et al

Filing 42

ORDER denying 40 Motion to Appoint Counsel signed by Magistrate Judge Craig M. Kellison on 02/06/12. (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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JAMES L. JEFFERSON

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Plaintiff,

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No. CIV S-10-0340-MCE CMK-P

vs.

ORDER

J.R. WEAVER, et al.,

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Defendants.

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/

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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for appointment of counsel

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(Doc. 40). 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. See Mallard v. United States

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

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request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). See Terrell v.

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Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36

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(9th Cir. 1990). In the present case, the court does not at this time find the required exceptional

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circumstances.

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In addition, plaintiff is complaining about how defense counsel is treating him,

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and has requested the imposition of sanctions. Plaintiff indicates that during his deposition, he

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requested he be called by the title of Mrs. Apparently, that title was altered in some

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correspondence to the title of Ms. Plaintiff now indicates that he prefers to be addressed as Mr.

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The court finds no grounds in which to impose sanctions against counsel. However, the court

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requests defense counsel address plaintiff with the title of Mr. in future correspondence, and treat

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plaintiff with dignity and respect as they would any other person.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the
appointment of counsel (Doc. 40) is denied.

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DATED: February 6, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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