Levi v. Cate, et al

Filing 18

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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRED LEVI, 11 Plaintiff, 12 vs. 13 No. 2:11-cv-3164 MCE CKD PS M. CATE, et al., 14 Defendant. 15 ORDER / 16 Plaintiff has requested the appointment of counsel. The United States Supreme 17 Court has ruled that district courts lack authority to require counsel to represent indigent persons 18 in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain 19 exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 20 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. 21 Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not 22 find the required exceptional circumstances. 23 //// 24 //// 25 //// 26 //// 1 1 2 3 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for appointment of counsel (dkt. no. 17) is denied. Dated: July 24, 2012 4 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 4 levi.3164.cou 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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