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Leyva v. Moreno

United States District Court, E.D. California
Feb 23, 2010
No. CIV S-08-0076 LKK KJM P (E.D. Cal. Feb. 23, 2010)

Opinion

No. CIV S-08-0076 LKK KJM P.

February 23, 2010


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 motion for the appointment of counsel will therefore be denied.

Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for the appointment of counsel (Docket No. 35) is denied.


Summaries of

Leyva v. Moreno

United States District Court, E.D. California
Feb 23, 2010
No. CIV S-08-0076 LKK KJM P (E.D. Cal. Feb. 23, 2010)
Case details for

Leyva v. Moreno

Case Details

Full title:JOSEPH M. LEYVA, Plaintiff, v. MORENO, et al., Defendants

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

Date published: Feb 23, 2010

Citations

No. CIV S-08-0076 LKK KJM P (E.D. Cal. Feb. 23, 2010)