Langston v. Enkoji

Full title: WALTER SHANE LANGSTON, Plaintiff, v. RYAN ENKOJI, et al., Defendants

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

Date published: Jan 31, 2011

No. CIV S-10-2715 GGH P (E.D. Cal. Jan. 31, 2011)

Opinion

No. CIV S-10-2715 GGH P.

January 31, 2011

ORDER

GREGORY HOLLOWS, 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 motion for the appointment of counsel will therefore be denied.

Accordingly, IT IS HEREBY ORDERED that plaintiff's January 10, 2011 motion for the appointment of counsel (Docket No. 13) is denied.

DATED: January 31, 2011