Dean v. Gonzales

Filing 8

ORDER signed by Magistrate Judge John F. Moulds on 7/20/2010 ORDERING that plaintiff's 7 July 8, 2010, request for the appointment of counsel is DENIED. (Duong, D)

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(PC) Dean v. Gonzales Doc. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. KATHRYN M. GONZALES, Defendant. / Plaintiff has requested the appointment of counsel. The United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find the required exceptional circumstances. Plaintiff's request for the appointment of counsel will therefore be denied. ///// ///// ///// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ALTON E. DEAN, Plaintiff, No. 2:10-cv-1355 JFM (PC) ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 /kly014;dean1355.31 Accordingly, IT IS HEREBY ORDERED that plaintiff's July 8, 2010, request for the appointment of counsel is denied. DATED: July 20, 2010. 2

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