Williams v. Huffman et al

Filing 15

ORDER denying 14 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 06/21/11. (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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MARIO WILLIAMS,
Plaintiff,

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No. 2:11-cv-0638 KJN P

vs.
JASON T. HUFFMAN, M.D., et al.,
Defendants.

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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. Therefore, IT IS HEREBY ORDERED

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that plaintiff’s June 13, 2011 request for the appointment of counsel is denied.

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DATED: June 21, 2011
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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will0638.31