Hardwick v. California Department of Corrections and Rehabilitation et al.

Filing 8

ORDER signed by Magistrate Judge Deborah Barnes on 9/9/16 DENYING 3 Motion to Appoint Counsel. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NICHOLAS KURT HARDWICK,

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Plaintiff,

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No. 2:16-cv-0854 DB P

v.

ORDER

CALIFORNIA DEPT. OF CORR. AND
REHABILITATION, et al.,
Defendant.

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Plaintiff requests copies of the local rules and of a form for a “request for counsel

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motion.” Plaintiff is advised that copies of the Federal Rules of Civil Procedure and the Local

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Rules are available online and should be available to plaintiff in the law library. However, if

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plaintiff can show good cause why he requires copies of specific rules, the court will consider his

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request. Plaintiff is also directed to the information provided to him by the court on April 26,

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2016 (ECF No. 4) which contains information about pertinent court rules to be followed in this

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case.

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With respect to plaintiff’s request for a motion form, plaintiff is advised that the court

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does not provide those forms. Plaintiff may be able to find them in the prison law library.

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However, if plaintiff wishes to make a motion for appointment of counsel, or any other motion,

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he need not use a form. Plaintiff may make a motion by filing a document that complies with the
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court’s rules, labelling it a “motion for appointment of counsel,” and explaining in the document

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why he feels he is entitled to counsel. Plaintiff is warned that the United States Supreme Court

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has ruled that district courts lack authority to require counsel to represent indigent prisoners in

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§1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain

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exceptional circumstances, the district 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). Therefore, plaintiff must show

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exceptional circumstances justify any request for counsel.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s April 25, 2016 request (ECF No.

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3) is denied.

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DATED: September 9, 2016

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:9
DLB1/prisoner-civil rights/Hard0854.forms

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