Pasion v. Haviland et al

Filing 19

ORDER denying 18 Motion to Appoint Counsel signed by Magistrate Judge Gregory G. Hollows on 09/13/11. (Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

GEORGE M. PASION,

11

Plaintiff,
vs.

12
13

No. CIV S-10-3227 GGH P

JOHN A. HAVILAND, et al.,
Defendants.

14

ORDER
/

15

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

16
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. This case proceeds against one defendant

23

who allegedly retaliated against plaintiff. Plaintiff alleges that the defendant told him to

24

withdraw a complaint and when plaintiff refused, he was placed in administrative segregation.

25

The facts of this case are rather straightforward and do not warrant the appointment of counsel.

26

////
1

Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the

1
2

appointment of counsel (Docket No. 18) is denied.

3

DATED: September 13, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

4
5
GGH: AB

6

pasi3227.31

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2