Opinion
No. CIV S-06-1321-DFL-CMK-P.
August 16, 2006
ORDER
Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court are plaintiff's applications for leave to proceed in forma pauperis (Docs. 5 8). As to plaintiff's first application, plaintiff did not submit a certified copy of his jail trust account statement for the six-month period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff was provided the opportunity to submit a certified copy of his trust account statement or the appropriate filing fee. Plaintiff's second application continues to suffer from the same defect. Specifically, plaintiff has not submitted a certified copy of his jail trust account statement. Plaintiff will be provided one additional opportunity to either provide the required trust account statement or pay the full filing fee for this case. Plaintiff is again cautioned that failure to comply may result in the dismissal of this action for lack of prosecution and failure to comply with court rules and orders. See Local Rule 11-110.
Plaintiff has also requested the appointment of counsel (Doc. 8). The United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. See 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). See 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 at this time find the required exceptional circumstances.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff shall submit within 30 days of the date of this order, a certified copy of his jail trust account statement, or the appropriate filing fee; and
2. Plaintiff's request for the appointment of counsel is denied.