Majstoric v. Sacramento County Sheriff's Department et al

Filing 20

ORDER signed by Magistrate Judge Kendall J. Newman on 2/10/2012 ORDERING 18 Motion to Appoint Counsel is DENIED. (Waggoner, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRANKO MAJSTORIC,
Plaintiff,

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vs.

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No. 2:11-cv-2006 KJN P

DEPUTY TOMEN,
Defendant.

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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. Plaintiff has articulated his claims and

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complied with all court orders. The complaint contains straightforward claims of false arrest and

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excessive force, and defendant has not yet appeared in the action. Plaintiff’s motion for the

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appointment of counsel is therefore denied without prejudice.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s January 30, 2012 request

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

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DATED: February 10, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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majs2006.31.kjn

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