Atcherley v. Hanna, et al

Filing 13

ORDER signed by Magistrate Judge Allison Claire on 06/10/13 denying 11 Motion to Appoint Counsel and denying 12 Motion for an expert witness. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILBUR ATCHERLEY,

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No. 2:13-cv-0576 AC P

Plaintiff,

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v.

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J. HANNA, et al.,

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ORDER

Defendants.

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Plaintiff has requested the appointment of counsel. ECF No. 11. Plaintiff has also moved
for appointment of expert witnesses. ECF No. 12.

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The United States Supreme Court has ruled that district courts lack authority to

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require counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist.

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Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the

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voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d

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1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In

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the present case, the court does not find the required exceptional circumstances because, to date,

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defendants have not yet appeared in the action. Plaintiff’s motions for appointment of counsel,

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and the appointment of an expert witness, which seek relief in part based upon the complexity of

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the issues to be raised at trial or in a summary judgment motion, are accordingly premature. The

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Plaintiff’s request for the appointment of counsel and for appointment of an expert witness will
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therefore be denied without prejudice to renewal at a later stage of the proceeding.

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

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appointment of counsel (ECF No. 11) and for appointment of an expert witness (ECF No. 12) are

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denied without prejudice to renewal at a later stage in the proceedings.

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DATED: June 10, 2013

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`
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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AC:rb

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atch0576.31

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