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McNeal v. Fleming

United States District Court, E.D. California
Feb 17, 2006
No. CIV S-02-2524 MCE JFM P (E.D. Cal. Feb. 17, 2006)

Opinion

No. CIV S-02-2524 MCE JFM P.

February 17, 2006


ORDER


Plaintiff has moved for 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 31, 2006 motion for the appointment of counsel is denied.


Summaries of

McNeal v. Fleming

United States District Court, E.D. California
Feb 17, 2006
No. CIV S-02-2524 MCE JFM P (E.D. Cal. Feb. 17, 2006)
Case details for

McNeal v. Fleming

Case Details

Full title:VERNON WAYNE McNEAL, Plaintiff, v. FLEMING, et al., Defendants

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

Date published: Feb 17, 2006

Citations

No. CIV S-02-2524 MCE JFM P (E.D. Cal. Feb. 17, 2006)