Grimes v. Folsom State Prisons Psychiatric Services Units et al

Filing 57

ORDER denying 53 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 04/23/13. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RANDALL W. GRIMES,
Plaintiff,

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vs.

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No. 2:10-cv-2346 WBS JFM (PC)

FOLSOM STATE PRISONS
PSYCHIATRIC SERVICES UNIT
MEDICAL STAFF, DR.
M. BOBBALLA, et al.,

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Defendants.

ORDER
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Plaintiff has requested the appointment of counsel. The United States Supreme

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Court has ruled that district courts lack authority to require counsel to represent indigent

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prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In

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certain exceptional circumstances, the court may request the voluntary assistance of counsel

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pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991);

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Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court

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does not find the required exceptional circumstances. Plaintiff’s motion for the appointment of

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counsel will therefore be denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s March 25, 2013 motion

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for the appointment of counsel (ECF No. 53) is denied.

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DATED: April 23, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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/mp

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grim2346.31(2)

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