Piper v. Harveys Casino et al

Filing 20

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/3/2017 DENYING 19 Motion to Appoint Counsel. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DOUGLAS PIPER,

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No. 2:16-cv-2374 GEB CKD PS

Plaintiff,
v.

ORDER

SOUTH LAKE TAHOE POLICE
DEPARTMENT,
Defendant.

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Plaintiff has filed objections to the findings and recommendations which were filed April

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6, 2017. ECF No. 16. Plaintiff’s objections were filed after the objection period had expired.

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The District Court has already adopted the findings and recommendations and has dismissed

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defendants Harveys Casino and Barton Hospital. ECF No. 18. If plaintiff seeks reconsideration

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of the order dismissing these defendants, any motion to reconsider must be addressed to the

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District Judge.

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Plaintiff has also requested the appointment of counsel. The United States Supreme Court

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has ruled that district courts lack authority to require counsel to represent persons proceeding in

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forma pauperis. See Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989) (no authority

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to requires counsel to represent indigent prisoners in § 1983 cases). 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,

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

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counsel (ECF No. 19) is denied.

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Dated: May 3, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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