Farley v. Virga et al

Filing 30

ORDER signed by Magistrate Judge Kendall J. Newman on 2/25/14 ORDERING that plaintiffs motion for law library access and for appointment of counsel (ECF No. 25 ) is denied.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM D. FARLEY,

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No. 2:13-cv-1751 KJN P

Plaintiff,

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v.

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T. VIRGA, et al.,

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ORDER

Defendants.

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Plaintiff, a state prisoner proceeding without counsel, has filed a motion for law library

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access. Plaintiff does not allege that he is under a present obligation to submit documents within

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a time certain and thus has not demonstrated that his right of access to the courts is being

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impaired. The court will not set a deadline merely for the purpose of insuring the plaintiff

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additional library time.

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In addition, plaintiff has requested the appointment of counsel. The United States

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Supreme 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. Plaintiff’s request for the appointment of
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counsel will therefore be denied.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for law library access

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and for appointment of counsel (ECF No. 25) is denied.

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Dated: February 25, 2014

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Farl1751.31+80

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