Suniga v. Van Sant et al

Filing 12

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/12/2012 DENYING, without prejudice, plaintiff's 7 motion for the appointment of counsel. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALFRED SUNIGA, Plaintiff, 11 vs. 12 13 No. CIV S-11-2572 CKD P J. VAN SANT, et al., Defendants. 14 ORDER / 15 Plaintiff has requested the appointment of counsel. The United States Supreme 16 17 Court has ruled that district courts lack authority to require counsel to represent indigent 18 prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In 19 certain exceptional circumstances, the court may request the voluntary assistance of counsel 20 pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); 21 Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court 22 does not find the required exceptional circumstances at this time. Plaintiff’s motion for the 23 appointment of counsel will therefore be denied without prejudice to renewal at a later stage of 24 the proceedings. 25 ///// 26 ///// 1 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for the 1 2 3 appointment of counsel (Docket No. 7) is denied without prejudice. Dated: April 12, 2012 4 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 /mp suni2572.31 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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