O'Keefe v. Cate

Filing 54

ORDER denying 51 Plaintiff's Motion to Appoint Counsel, signed by Magistrate Judge Kendall J. Newman on 7/24/12. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY O’KEEFE,

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Plaintiff,

No. 2:11-cv-2659 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 July 19, 2012 motion for

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the appointment of counsel (Docket No. 51) is denied.

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DATED: July 24, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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okee2659.31.kjn

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