Young v. Rodriguez et al

Filing 40

ORDER denying 39 Motion to Appoint Counsel signed by Magistrate Judge Carolyn K. Delaney on 06/21/17. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNY GEROME YOUNG,

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Plaintiff,

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No. 2:15-cv-2604 GEB CKD P

v.

ORDER

RODRIGUEZ, et al.,

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Defendants.

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Plaintiff has requested the appointment of counsel. (ECF No. 39.) 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).
Plaintiff requests appointment of counsel in the event defendants’ motion for summary

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judgment is denied. (ECF No. 39.) Since defendants’ motion is still pending, plaintiff’s request

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will be denied as premature. If the motion for summary judgment is denied, plaintiff may renew

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his motion for appointment of counsel at that time.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for the appointment of

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counsel (ECF No. 39) is denied as premature.

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Dated: June 21, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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13/mp; youn2604.31

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