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Baker v. High Desert State Prison

United States District Court, E.D. California
Dec 22, 2010
No. CIV S-10-0640 EFB P (E.D. Cal. Dec. 22, 2010)

Opinion

No. CIV S-10-0640 EFB P.

December 22, 2010


ORDER


Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He has requested that the court appoint counsel. District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request counsel voluntarily to represent such a plaintiff. 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). The court finds that there are no exceptional circumstances in this case.

Accordingly, IT IS HEREBY ORDERED that plaintiff's December 10, 2010 motion for appointment of counsel is denied.

DATED: December 22, 2010.


Summaries of

Baker v. High Desert State Prison

United States District Court, E.D. California
Dec 22, 2010
No. CIV S-10-0640 EFB P (E.D. Cal. Dec. 22, 2010)
Case details for

Baker v. High Desert State Prison

Case Details

Full title:JERRY W. BAKER, Plaintiff, v. HIGH DESERT STATE PRISON, et al., Defendants

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

Date published: Dec 22, 2010

Citations

No. CIV S-10-0640 EFB P (E.D. Cal. Dec. 22, 2010)