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Evans v. Felker

United States District Court, E.D. California
Feb 23, 2010
No. 2:09-cv-0292 JFM (PC) (E.D. Cal. Feb. 23, 2010)

Opinion

No. 2:09-cv-0292 JFM (PC).

February 23, 2010


ORDER


Plaintiff has filed a second motion for appointment of counsel. As the court noted in its previous order, 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 still does not find the required exceptional circumstances. Plaintiff's second motion for the appointment of counsel will therefore be denied.

Plaintiff's first motion, filed December 18, 2009, was denied by order filed January 7, 2010.

In accordance with the above, IT IS HEREBY ORDERED that plaintiff's February 3, 2010, motion for the appointment of counsel is denied.


Summaries of

Evans v. Felker

United States District Court, E.D. California
Feb 23, 2010
No. 2:09-cv-0292 JFM (PC) (E.D. Cal. Feb. 23, 2010)
Case details for

Evans v. Felker

Case Details

Full title:JAMES EVANS, Plaintiff, v. FELKER, et al., Defendants

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

Date published: Feb 23, 2010

Citations

No. 2:09-cv-0292 JFM (PC) (E.D. Cal. Feb. 23, 2010)