Brazier v. California Department of Correction and Rehabilitation et al

Filing 7

ORDER denying 6 Motion to Appoint Counsel signed by Magistrate Judge Carolyn K. Delaney on 06/14/12. (Plummer, M)

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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 ANTHONY BRAZIER, 11 Plaintiff, vs. 12 13 14 No. 2:12-cv-0883 CKD P CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants. 15 ORDER / 16 Plaintiff has requested the appointment of counsel. The United States Supreme 17 18 Court has ruled that district courts lack authority to require counsel to represent indigent 19 prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In 20 certain exceptional circumstances, the court may request the voluntary assistance of counsel 21 pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); 22 Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court 23 does not find the required exceptional circumstances. Plaintiff’s motion for the appointment of 24 counsel will therefore be denied. 25 ///// 26 ///// 1 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for the 1 2 3 appointment of counsel (Docket No. 6) is denied. Dated: June 14, 2012 4 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 /mp braz0883.31 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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