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Gaston v. Caden

United States District Court, E.D. California
Feb 13, 2007
No. CIV S-03-1707 LKK CMK P (E.D. Cal. Feb. 13, 2007)

Opinion

No. CIV S-03-1707 LKK CMK P.

February 13, 2007


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 January 19, 2007 motion for the appointment of counsel is denied.


Summaries of

Gaston v. Caden

United States District Court, E.D. California
Feb 13, 2007
No. CIV S-03-1707 LKK CMK P (E.D. Cal. Feb. 13, 2007)
Case details for

Gaston v. Caden

Case Details

Full title:ANTHONY GASTON, Plaintiff, v. EDWARD CADEN, et al., Defendants

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

Date published: Feb 13, 2007

Citations

No. CIV S-03-1707 LKK CMK P (E.D. Cal. Feb. 13, 2007)