Garcia v. Lee et al

Filing 14

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/10/2015 DENYING plaintiff's 11 motion for leave to comply with local rules and 12 request 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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CARLOS J. GARCIA,

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Plaintiff,

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No. 2:15-cv-1888 MCE CKD P

v.

ORDER

BONNIE LEE, et al.,

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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). 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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Plaintiff has also filed a motion stating that, due to a lockdown, he is unable to comply

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with certain Local Rules. (ECF No. 11.) As it is not clear what relief he is seeking, this motion

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will be denied. However, plaintiff’s First Amended Complaint (ECF No. 13) will be accepted for

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screening by the court.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for leave to comply with local rules (ECF No. 11) is denied; and

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2. Plaintiff’s request for the appointment of counsel (ECF No. 12) is denied.

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Dated: November 10, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/kly
garc1888.31(2)

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