Spohn v. Trinity County District Attorney's Office et al

Filing 12

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/18/2012 DENYING plaintiff's 11 motion for appointment of counsel. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL N. SPOHN,
Plaintiff,

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No. 2:12-cv-0565 KJM CKD P

vs.
TRINITY COUNTY DISTRICT
ATTORNEY’S OFFICE, et al.,

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Defendants.
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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

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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. Plaintiff’s motion for the appointment of

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counsel will therefore be denied.

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Plaintiff has also attached numerous documents to his letter filed June 12, 2012.

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Plaintiff is advised that the court will consider any documents submitted along with a First

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Amended Complaint as directed in its June 12, 2012 order. (Dkt. No. 9.) However, documents
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not submitted in conjunction with an amended complaint will not be considered in the screening

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of that complaint pursuant to 28 U.S.C. § 1915(a).
Accordingly, IT IS HEREBY ORDERED that plaintiff’s June 12, 2012 motion for

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the appointment of counsel (Docket No. 11) is denied.

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Dated: June 18, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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spoh0565.31(2)

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