Perez, III v. Scmidt
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/2/2015 DENYING plaintiff's 23 motion for the appointment of counsel. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JESSE PEREZ, III,
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Plaintiff,
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No. 2:15-cv-0521 CKD P
v.
ORDER
L. SCMIDT,
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Defendant.
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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). In the present case, the court does not find the required
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exceptional circumstances. Plaintiff’s request for the appointment of counsel will therefore be
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denied.
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In accordance with the above, IT IS HEREBY ORDERED that plaintiff’s motion for the
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appointment of counsel (ECF No. 23) is denied.
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Dated: September 2, 2015
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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pere0521.31
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