Allen v. Virga et al

Filing 26

ORDER signed by Magistrate Judge Allison Claire on 4/11/2013 DENYING plaintiff's 25 request for the 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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KEVIN ALLEN,
Plaintiff,

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vs.

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No. 2:12-cv-1583 AC P

T. VIRGA, 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. This case involves a relatively

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straightforward claim against two defendants for a violation of plaintiff’s First Amendment right

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to the free exercise of his religion in being denied a kosher diet. Plaintiff states that he is

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illiterate, dyslexic and has to obtain assistance from other inmates to help him with this case. He

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complains that he is not receiving enough assistance from the law library in obtaining legal help.
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These claims do not render plaintiff’s circumstances exceptional among indigent inmates

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proceeding pro se in civil rights actions. Moreover, there is a limited availability of pro bono

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counsel. Plaintiff’s request for the appointment of counsel will therefore be denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the

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appointment of counsel (Docket No. 25) is denied.

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DATED: April 11, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE
AC:009/:md
alle1583.31

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