From Casetext: Smarter Legal Research

Garcia v. Lee

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Nov 10, 2015
No. 2:15-cv-1888 MCE CKD P (E.D. Cal. Nov. 10, 2015)

Opinion

No. 2:15-cv-1888 MCE CKD P

11-10-2015

CARLOS J. GARCIA, Plaintiff, v. BONNIE LEE, et al., Defendants.


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.

Plaintiff has also filed a motion stating that, due to a lockdown, he is unable to comply with certain Local Rules. (ECF No. 11.) As it is not clear what relief he is seeking, this motion will be denied. However, plaintiff's First Amended Complaint (ECF No. 13) will be accepted for screening by the court.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion for leave to comply with local rules (ECF No. 11) is denied; and

2. Plaintiff's request for the appointment of counsel (ECF No. 12) is denied. Dated: November 10, 2015

/s/_________

CAROLYN K. DELANEY

UNITED STATES MAGISTRATE JUDGE
2/kly
garc1888.31(2)


Summaries of

Garcia v. Lee

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Nov 10, 2015
No. 2:15-cv-1888 MCE CKD P (E.D. Cal. Nov. 10, 2015)
Case details for

Garcia v. Lee

Case Details

Full title:CARLOS J. GARCIA, Plaintiff, v. BONNIE LEE, et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Nov 10, 2015

Citations

No. 2:15-cv-1888 MCE CKD P (E.D. Cal. Nov. 10, 2015)