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Baker v. Kernan

United States District Court, E.D. California
Oct 26, 2007
No. CIV S-05-1669 RRB KJM P (E.D. Cal. Oct. 26, 2007)

Opinion

No. CIV S-05-1669 RRB KJM P.

October 26, 2007


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 October 16, 2007 motion for the appointment of counsel is denied.


Summaries of

Baker v. Kernan

United States District Court, E.D. California
Oct 26, 2007
No. CIV S-05-1669 RRB KJM P (E.D. Cal. Oct. 26, 2007)
Case details for

Baker v. Kernan

Case Details

Full title:ROBERT GUY BAKER, Plaintiff, v. SCOTT KERNAN, Defendant

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

Date published: Oct 26, 2007

Citations

No. CIV S-05-1669 RRB KJM P (E.D. Cal. Oct. 26, 2007)