Turner v. Colon

Filing 55

ORDER signed by Magistrate Judge Allison Claire on 1/4/2013 DENYING plaintiff's 52 request for the appointment of counsel. (Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

LEO B. TURNER,
Plaintiff,

12
13

vs.

14

No. 2:11-cv-2343 AC P

R. COLON, et al.,
Defendants.

15

ORDER
/

16
17

Plaintiff has requested the appointment of counsel. The United States Supreme

18

Court has ruled that district courts lack authority to require counsel to represent indigent

19

prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In

20

certain exceptional circumstances, the court may request the voluntary assistance of counsel

21

pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991);

22

Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court

23

does not find the required exceptional circumstances. The issues are relatively straightforward

24

and do not require expert assistance. Plaintiff’s request for the appointment of counsel will

25

therefore be denied.

26

/////
1

1

Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the

2

appointment of counsel (Doc. No. 52) is denied.

3

DATED: January 4, 2013.

4
`
5

ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

6
7

AC:009/md
turn2343.31

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2