Levi v. Cate, et al
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/24/12 ORDERING that plaintiff's 17 Motion to Appoint Counsel is DENIED. (Benson, 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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FRED LEVI,
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Plaintiff,
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vs.
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No. 2:11-cv-3164 MCE CKD PS
M. CATE, et al.,
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Defendant.
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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 persons
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in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain
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exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to
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28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v.
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Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not
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find the required exceptional circumstances.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for appointment
of counsel (dkt. no. 17) is denied.
Dated: July 24, 2012
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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