Robison v. Hill et al

Filing 99

ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/19/13 denying Motions to Appoint Counsel 87 , 97 . (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GLEN W. ROBISON, 11 Plaintiff, 12 13 No. 2:10-cv-2954 JAM JFM (PC) vs. PARAMVIR SAHOTA, et al., 14 Defendants. 15 ORDER / 16 Plaintiff has requested the appointment of counsel. The United States Supreme 17 Court has ruled that district courts lack authority to require counsel to represent indigent 18 prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In 19 certain exceptional circumstances, the court may request the voluntary assistance of counsel 20 pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); 21 Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court 22 does not find the required exceptional circumstances. Plaintiff’s requests for the appointment of 23 counsel will therefore be denied. 24 ///// 25 ///// 26 ///// 1 1 2 3 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motions for the appointment of counsel (ECF Nos. 87 and 97) are denied. Dated: March 19, 2013 4 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 /md robi2954.31 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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