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Davis v. McGrath

United States District Court, E.D. California
Feb 20, 2008
No. CIV S-07-2520 FCD CMK P (E.D. Cal. Feb. 20, 2008)

Opinion

No. CIV S-07-2520 FCD CMK P.

February 20, 2008


ORDER


Plaintiff has requested the appointment of counsel (Doc. 3, 11). 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 motions for the appointment of counsel (Doc. 3, 11) are denied.


Summaries of

Davis v. McGrath

United States District Court, E.D. California
Feb 20, 2008
No. CIV S-07-2520 FCD CMK P (E.D. Cal. Feb. 20, 2008)
Case details for

Davis v. McGrath

Case Details

Full title:FRANTZ DAVIS, Plaintiff, v. JOE McGRATH, et al., Defendants

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

Date published: Feb 20, 2008

Citations

No. CIV S-07-2520 FCD CMK P (E.D. Cal. Feb. 20, 2008)