Scott v. Virga

Filing 32

ORDER signed by Magistrate Judge Allison Claire on 11/6/2013 ORDERING 31 that Plaintiff's Motion to Appoint Counsel is DENIED. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL E. SCOTT,

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Plaintiff,

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No. 2:12-cv-2326 AC P

v.

ORDER

TIM VIRGA, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief pursuant to

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42 U.S.C. § 1983. Plaintiff has filed a motion requesting the appointment of counsel. The United

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States Supreme Court has ruled that district courts lack authority to require counsel to represent

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indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298

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(1989). In certain exceptional circumstances, the court may request the voluntary assistance of

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counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.

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1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the

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court does not find the required exceptional circumstances. Plaintiff’s request for the

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appointment of counsel will therefore be denied.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s October 29, 2013, request for the

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appointment of counsel (ECF No. 31) is denied.

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DATED: November 6, 2013

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