Mester v. Kelso, et al

Filing 33

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/15/2010 DENYING 32 Plaintiff's Motion for appointment of counsel. (Reader, L)

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. KELSO, et al., Defendants. / Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He has requested that the court appoint counsel. District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request counsel voluntarily to represent such a plaintiff. 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). The court finds that there are no exceptional circumstances in this case. Accordingly, IT IS HEREBY ORDERED that plaintiff's December 10, 2010 motion for appointment of counsel is denied. DATED: December 15, 2010. ORDER MORRIS MESTER, Plaintiff, No. CIV S-10-2105 LKK EFB P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA