Turner v. Cates et al

Filing 36

ORDER denying 29 Motion to Appoint Counsel signed by Magistrate Judge Gregory G. Hollows on 06/05/12. (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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ANTHONY R. TURNER,
Plaintiff,

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vs.

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No. CIV S-11-1690 WBS GGH P

MATTHEW CATES, 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

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excessive force claims against the two defendants are relatively straightforward and the court

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does not find the required exceptional circumstances. Plaintiff’s motion for the appointment of

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counsel will therefore be denied.

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/////

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s May 2, 2012 motion for

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the appointment of counsel (Docket No. 29) is denied.

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DATED: June 5, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:009/mp

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turn1690.31

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