Madrid v. Virga

Filing 22

ORDER signed by Magistrate Judge Kendall J. Newman on 8/10/11 DENYING 20 Motion to Appoint Counsel. (Dillon, 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 ANDREW MADRID, Plaintiff, ORDER vs. 12 13 No. 2:11-cv-1607 WBS KJN P Defendant. 11 TIM VIRGA, 14 / 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. Therefore, plaintiff’s request for the 23 appointment of counsel is denied. 24 //// 25 //// 26 //// 1 Accordingly, IT IS HEREBY ORDERED that plaintiff’s August 1, 2011 request 1 2 for the appointment of counsel is denied. 3 DATED: August 10, 2011 4 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 5 6 7 madr1607.31 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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