Herrera v. Idemudia

Filing 25

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/6/2016 DENYING plaintiff's 24 request for the appoint of counsel, without prejudice. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARMANDO HERRERA,

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No. 2:16-cv-2293 JAM CKD P

Plaintiff,

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v.

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M. IDEMUDIA,

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ORDER

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 at this time. Plaintiff’s request for the appointment of counsel will

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therefore be denied without prejudice to renewal at a later stage of the litigation.

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

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(ECF No. 24) of counsel is denied without prejudice to renewal at a later stage of the litigation.

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Dated: December 6, 2016

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2/kly
herr2293.31

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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