Crossley v. Niazi et al

Filing 64

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/6/2014 DENYING plaintiff's 63 motion for the appointment of counsel. (Yin, K)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 LAMONT CROSSLEY, 11 Plaintiff, 12 13 No. 2:12-cv-2180 TLN CKD P v. ORDER ABE NIAZI, et al., 14 Defendants. 15 16 Plaintiff has requested the appointment of counsel. The United States Supreme Court has 17 ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 18 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional 19 circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 20 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 21 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find the required 22 exceptional circumstances. Plaintiff’s request for the appointment of counsel will therefore be 23 denied. 24 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for the appointment of 25 counsel (ECF No. 63) is denied. 26 Dated: November 6, 2014 27 28 2/cros2180.31 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE

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