Lena v. Davis, et al.

Filing 63

ORDER denying 62 Motion to Appoint Counsel signed by Magistrate Judge Carolyn K. Delaney on 05/11/15. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL ANGELO LENA, 12 No. 2:14-cv-1121 JAM CKD P Plaintiff, 13 v. 14 C. DAVIS, et al., 15 ORDER Defendants. 16 17 Plaintiff has requested the appointment of counsel. The United States Supreme Court has 18 ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 19 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional 20 circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 21 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 22 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find the required 23 exceptional circumstances. Plaintiff’s request for the appointment of counsel will therefore be 24 denied. 25 ///// 26 ///// 27 ///// 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the appointment of 2 counsel (ECF No. 62) is denied. 3 Dated: May 11, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 1/md lena1121.31 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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