Johnson v. Cate

Full title: PAUL SAMUEL JOHNSON, Plaintiff, v. MATTHEW CATE, et al., Defendants.

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

Date published: Jan 5, 2012

CIV S-11-2749 CKD P (E.D. Cal. Jan. 5, 2012)

Opinion

PAUL SAMUEL JOHNSON, Plaintiff, v. MATTHEW CATE, et al., Defendants. No. CIV S-11-2749 CKD P United States District Court, E.D. California. January 5, 2012

          ORDER

          CAROLYN K. DELANEY, Magistrate Judge.

         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 is denied.