Robinson v. San Joaquin County et al

Filing 136

ORDER denying 134 Motion to Appoint Counsel signed by Magistrate Judge Gregory G. Hollows on 8/30/17. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY W. ROBINSON,

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No. 2:12-cv-02783-MCE-GGH

Plaintiff,
v.

ORDER

SAN JOAQUIN COUNTY, et al.,
Defendants.

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Plaintiff has requested the appointment of counsel. The United States Supreme Court has

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ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983

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cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional

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circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. §

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1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900

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F.2d 1332, 1335-36 (9th Cir. 1990).

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In remanding this case to the Eastern District of California the Ninth Circuit Court of

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Appeals left a very limited issue to be litigated. Preparation of the matter for trial should not

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require much discovery and what is needed by way of discovery is relatively simple to

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understand. Thus, in the present case, the court does not find the required exceptional

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circumstances referred to in Mallard, supra, and plaintiff’s request for the appointment of counsel

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

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counsel is DENIED.

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Dated: August 30, 2017

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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