Smith v. Kiesz

Full title: DAVID SMITH, Plaintiff, v. KIESZ, et al., Defendants.

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

Date published: Oct 16, 2013

11-cv-01918 JAM CKD P (E.D. Cal. Oct. 16, 2013)

Opinion

DAVID SMITH, Plaintiff, v. KIESZ, et al., Defendants. No. 11-cv-01918 JAM CKD P United States District Court, E.D. California. October 16, 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. Plaintiff's request for the appointment of counsel will therefore be denied.

         Accordingly, IT IS HEREBY ORDERED that plaintiff's request for the appointment of counsel (ECF No. 67) is denied.