Opinion
No. 2:11-cv-3164 MCE CKD PS
07-24-2012
FRED LEVI, Plaintiff, v. M. CATE, et al., Defendant.
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 persons 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.
Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel (dkt. no. 17) is denied.
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE