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Hollis v. Gorby

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Jul 16, 2012
No. 2:09-cv-1627 JAM CKD P (E.D. Cal. Jul. 16, 2012)

Opinion

No. 2:09-cv-1627 JAM CKD P

07-16-2012

MARVIN GLEN HOLLIS, Plaintiff, v. A. GORBY, 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.

Accordingly, IT IS HEREBY ORDERED that plaintiff's request for the appointment of counsel (#111) is denied.

______________________

CAROLYN K. DELANEY

UNITED STATES MAGISTRATE JUDGE


Summaries of

Hollis v. Gorby

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Jul 16, 2012
No. 2:09-cv-1627 JAM CKD P (E.D. Cal. Jul. 16, 2012)
Case details for

Hollis v. Gorby

Case Details

Full title:MARVIN GLEN HOLLIS, Plaintiff, v. A. GORBY, et al., Defendants.

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

Date published: Jul 16, 2012

Citations

No. 2:09-cv-1627 JAM CKD P (E.D. Cal. Jul. 16, 2012)