Dean v. Wong

Filing 10

ORDER signed by Magistrate Judge Kendall J. Newman on 10/5/2011 ORDERING that pltf's 2 motion for summary judgment is DENIED w/out prejudice; and pltf's 9 motion for appointment of counsel is DENIED. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALTON E. DEAN,
Plaintiff,

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vs.

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No. 2:11-cv-2152 KJN P

E. WONG, et al.,

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Defendants.

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, plaintiff’s motion for the

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appointment of counsel is denied.

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Plaintiff has also filed a motion for summary judgment. This motion is premature

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as no defendants have been served or otherwise appeared in this action. For this reason,

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plaintiff’s motion is denied without prejudice.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s August 12, 2011 motion for summary judgment (Dkt. No. 2)is

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denied without prejudice;
2. Plaintiff’s October 3, 2011 motion for the appointment of counsel (Dkt. No. 9)

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is denied.

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DATED: October 5, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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dean2152.31

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