Turner v. Colon

Filing 60

ORDER denying 59 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 03/01/13. (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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LEO B. TURNER, JR.
Plaintiff,

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vs.

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No. 2:11-cv-2343 AC P

R. COLON, et al.,

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Defendants.

ORDER
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Plaintiff is a prison inmate proceeding pro se and in forma pauperis with a civil

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rights action. On February 22, 2013, plaintiff filed a sixth request for the appointment of

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counsel. Plaintiff's previous requests were filed on September 17, 2010, September 26, 2011,

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October 27, 2011, August 9, 2012 and December 17, 2012. All requests were denied.

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Plaintiff has been repeatedly informed that 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).

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While in certain exceptional circumstances, the court may request the voluntary assistance of

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

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1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990)), the court has not found
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the required exceptional circumstances in this case. The issues, as previously noted, are

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relatively straightforward and do not require expert assistance.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s February 22, 2012

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request (ECF No. 59) is denied.

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DATED: March 1, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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AC:009/md

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turn2343.31.thr

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