Vaught v. Sandoval et al

Filing 21

ORDER denying 20 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 10/7/2010. (Matson, R)

(PC) Vaught v. Sandoval et al

Doc. 21

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. E. SANDOVAL, et al., Defendants. / 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. Therefore, plaintiff's motion for the appointment of counsel is denied. //// //// //// 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ELBERT LEE VAUGHT, IV, Plaintiff, No. 2:10-cv-1558 KJN P

ORDER

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vaug1558.31

Accordingly, IT IS HEREBY ORDERED that plaintiff's October 5, 2010 motion for the appointment of counsel is denied. DATED: October 7, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

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