Barker v. Yassine

Filing 38

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/26/11 DENYING 33 Motion to Appoint Counsel. (Dillon, 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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WILLIAM BARKER,
Plaintiff,

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No. CIV S-11-0246 LKK GGH P

Defendant.

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ORDER

vs.
R. YASSINE,

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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).

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In the present case, the court does not find the required exceptional circumstances.

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The issues here are not complicated– plaintiff alleges an incident of excessive force which does

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not involve the need for expert testimony. And despite plaintiff’s description of his inability to

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proceed with this lawsuit, the organization and structure of the complaint say otherwise. Plaintiff

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states that an attorney, Scott Hubbard, wants to take this case and the court should appoint him.
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If an attorney wishes to represent plaintiff then the attorney should file a notice of appearance.

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Plaintiff’s request for the appointment of counsel will therefore be denied.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the

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appointment of counsel (Docket No. 33) is denied.

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DATED: September 26, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:md

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bark0246.31

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