From Casetext: Smarter Legal Research

DENT v. SILBAUGH

United States District Court, E.D. California
Apr 1, 2011
No. 2:08-cv-0736 MCE JFM (PC) (E.D. Cal. Apr. 1, 2011)

Opinion

No. 2:08-cv-0736 MCE JFM (PC).

April 1, 2011


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 March 18, 2011 motion for the appointment of counsel is denied.

DATED: March 31, 2011.


Summaries of

DENT v. SILBAUGH

United States District Court, E.D. California
Apr 1, 2011
No. 2:08-cv-0736 MCE JFM (PC) (E.D. Cal. Apr. 1, 2011)
Case details for

DENT v. SILBAUGH

Case Details

Full title:BRIAN KEITH DENT, Plaintiff, v. D. SILBAUGH, et al., Defendants

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

Date published: Apr 1, 2011

Citations

No. 2:08-cv-0736 MCE JFM (PC) (E.D. Cal. Apr. 1, 2011)