Asberry v. Cate et al
Filing
43
ORDER signed by Magistrate Judge Kendall J. Newman on 5/8/12 denying 40 Motion to Appoint Counsel. (Dillon, 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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TONY ASBERRY,
Plaintiff,
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No. 2:11-cv-2462 KJM KJN P
vs.
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MATTHEW CATE, 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 request for the
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appointment of counsel is denied.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s April 27, 2012 motion
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for the appointment of counsel (Docket No. 40) is denied.
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DATED: May 8, 2012
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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asbe2462.31.kjn
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