From Casetext: Smarter Legal Research

Gamache v. Williams

United States District Court, E.D. California
Feb 27, 2006
No. CIV S-04-0859 RRB PAN P (E.D. Cal. Feb. 27, 2006)

Opinion

No. CIV S-04-0859 RRB PAN P.

February 27, 2006


ORDER


Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On December 22, 2005, plaintiff 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 December 22, 2005 request for the appointment of counsel is denied.


Summaries of

Gamache v. Williams

United States District Court, E.D. California
Feb 27, 2006
No. CIV S-04-0859 RRB PAN P (E.D. Cal. Feb. 27, 2006)
Case details for

Gamache v. Williams

Case Details

Full title:RICHARD DENNIS GAMACHE, Plaintiff, v. BRETT WILLIAMS, et al., Defendants

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

Date published: Feb 27, 2006

Citations

No. CIV S-04-0859 RRB PAN P (E.D. Cal. Feb. 27, 2006)