Backus v. City of Auburn

Full title: BARTLEY BACKUS, Plaintiff, v. CITY OF AUBURN, et al., Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jul 10, 2013

2:12-cv-3020 KJM CKD PS (E.D. Cal. Jul. 10, 2013)

Opinion

BARTLEY BACKUS, Plaintiff, v. CITY OF AUBURN, et al., Defendants. No. 2:12-cv-3020 KJM CKD PS United States District Court, E.D. California. July 10, 2013

          ORDER

          CAROLYN K. DELANEY, Magistrate Judge.

         Plaintiff has requested the appointment of counsel. The United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find the required exceptional circumstances.

         Accordingly, IT IS HEREBY ORDERED that plaintiff's requests for the appointment of counsel (ECF Nos. 15, 16) are denied.