Dean v. Gonzales

Filing 72

ORDER signed by Magistrate Judge John F. Moulds on 2/26/2013 DENYING plaintiff's 68 request for the 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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ALTON E. DEAN,
Plaintiff,

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vs.

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

KATHRYN M. GONZALES, et al.,
Defendants.

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ORDER
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Plaintiff has requested the appointment of counsel. (See Dkt. No. 68.) The

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United States Supreme Court has ruled that district courts lack authority to require counsel to

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represent indigent prisoners in § 1983 cases. See Mallard v. United States Dist. Court, 490 U.S.

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296, 298 (1989). In certain exceptional circumstances, the court may request the voluntary

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assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). See Terrell v. Brewer, 935 F.2d 1015,

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

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

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for the appointment of counsel will therefore be denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the

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appointment of counsel (Dkt. No. 68.) is DENIED.

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DATED: February 26, 2013.

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dean1355.31(3)

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