Opinion
No. CIV S-04-1330 DFL PAN P.
February 28, 2006
ORDER
Plaintiff has filed a renewed motion for 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 renewed motion for the appointment of counsel will therefore be denied.
Plaintiff's last request was denied by order filed January 18, 2006.
Accordingly, IT IS HEREBY ORDERED that plaintiff's January 23, 2006 motion for the appointment of counsel is denied.