Opinion
No. 2:10-cv-2346 WBS JFM (PC)
04-23-2013
RANDALL W. GRIMES, Plaintiff, v. FOLSOM STATE PRISONS PSYCHIATRIC SERVICES UNIT MEDICAL STAFF, DR. M. BOBBALLA, et al., Defendants.
ORDER
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. Plaintiff's motion for the appointment of counsel will therefore be denied.
Accordingly, IT IS HEREBY ORDERED that plaintiff's March 25, 2013 motion for the appointment of counsel (ECF No. 53) is denied.
______________
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE