Meyers v. County of Sacramento et al

Filing 30

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/3/18 DENYING 29 Motion to Appoint Counsel without prejudice to renewal. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GLEN MEYERS,

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Plaintiff,

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No. 2:16-cv-01121 MCE CKD (PS)

v.

ORDER

COUNTY OF SACRAMENTO, et al.,

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Defendants.

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Plaintiff, a federal prisoner, has requested the appointment of counsel. The undersigned

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notes that on June 19, 2018, the district judge granted a motion by plaintiff’s former counsel to

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withdraw as counsel of record. (ECF No. 23.) Previously, on November 8, 2017, plaintiff had

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submitted a proposed substitution of attorney seeking to proceed pro se. (ECF No. 15.)
The United States Supreme Court has ruled that district courts lack authority to require

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counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490

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U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the voluntary

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assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017

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(9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present

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case, the court does not find the required exceptional circumstances at this time.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to appoint counsel (ECF

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No. 29) is denied without prejudice to renewal.

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Dated: October 3, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/meyers1121.counsel

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