Dean v. Gonzales

Filing 36

ORDER signed by Magistrate Judge John F. Moulds on 01/13/12 ordering that plaintiff's 12/27/11 request for appointment of counsel 35 is denied. (Plummer, M) Modified on 1/17/2012 (Plummer, M).

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

ALTON E. DEAN,
Plaintiff,

11
vs.

12
13

No. 2:10-cv-1355 MCE JFM (PC)

KATHRYN M. GONZALES, et al.,
Defendants.

14

ORDER
/

15

Plaintiff has requested the appointment of counsel. The United States Supreme

16
17

Court has ruled that district courts lack authority to require counsel to represent indigent

18

prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In

19

certain exceptional circumstances, the court may request the voluntary assistance of counsel

20

pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991);

21

Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court

22

does not find the required exceptional circumstances. Plaintiff’s request for the appointment of

23

counsel will therefore be denied.

24

/////

25

/////

26

/////
1

1

Accordingly, IT IS HEREBY ORDERED that plaintiff’s December 27, 2011

2

request for the appointment of counsel is denied.

3

DATED: January 13, 2012.

4
5
6
7

/mp014;dean1355.31(2)

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2