Carr v. Her

Full title: ARTHUR CARR, Plaintiff, v. H. HER, et al., Defendants.

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

Date published: Feb 4, 2011

2:09-cv-0826 GEB KJN P (E.D. Cal. Feb. 4, 2011)

Opinion

ARTHUR CARR, Plaintiff, v. H. HER, et al., Defendants. No. 2:09-cv-0826 GEB KJN P United States District Court, E.D. California. February 4, 2011

          ORDER

          KENDALL J. NEWMAN, 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 January 26, 2011 request for the appointment of counsel (dkt. no. 93) is denied.