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Frazier v. Rowell

United States District Court, E.D. California
Aug 25, 2006
No. CIV S-05-0774 MCE JFM P (E.D. Cal. Aug. 25, 2006)

Opinion

No. CIV S-05-0774 MCE JFM P.

August 25, 2006


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 request for the appointment of counsel will therefore be denied.

Accordingly, IT IS HEREBY ORDERED that plaintiff's August 14, 2006 motion for the appointment of counsel is denied.


Summaries of

Frazier v. Rowell

United States District Court, E.D. California
Aug 25, 2006
No. CIV S-05-0774 MCE JFM P (E.D. Cal. Aug. 25, 2006)
Case details for

Frazier v. Rowell

Case Details

Full title:KEVIN LAMAR FRAZIER, Plaintiff, v. SPENCER ROWELL, et al., Defendants

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

Date published: Aug 25, 2006

Citations

No. CIV S-05-0774 MCE JFM P (E.D. Cal. Aug. 25, 2006)