Birdwell et al v Cates et al

Filing 68

ORDER denying 65 Motion to Appoint Counsel signed by Magistrate Judge Gregory G. Hollows on 08/22/11. (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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BILLY PAUL BIRDWELL, II.,
Plaintiff,

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vs.

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No. CIV S-10-0719 KJM GGH P

M. CATES, et al.,

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Defendants.

ORDER
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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). Plaintiff alleges that many

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defendants interfered with plaintiff’s ability to practice his religion, Odinism. This case does not

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contain complex matters of law, rather plaintiff states that he lacks sufficient training to properly

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conduct discovery and proceed to trial. Plaintiff’s lack of legal expertise is insufficient to

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warrant the appointment of counsel. As the court does not find the required exceptional

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circumstances plaintiff’s motion for the appointment of counsel will therefore be denied.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s August 4, 2011 motion

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for the appointment of counsel (Docket No. 65) is denied.

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DATED: August 22, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH: AB

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bird0719.31

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