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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