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Mester v. Miller

United States District Court, E.D. California
May 6, 2011
No. 2:09-cv-3307 FCD KJN P (E.D. Cal. May. 6, 2011)

Opinion

No. 2:09-cv-3307 FCD KJN P.

May 6, 2011


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. Therefore, plaintiff's request for the appointment of counsel is denied.

Accordingly, IT IS HEREBY ORDERED that plaintiff's April 27, 2011 request for the appointment of counsel is denied.

DATED: May 5, 2011


Summaries of

Mester v. Miller

United States District Court, E.D. California
May 6, 2011
No. 2:09-cv-3307 FCD KJN P (E.D. Cal. May. 6, 2011)
Case details for

Mester v. Miller

Case Details

Full title:MORRIS MESTER, Plaintiff, v. MILLER and REED, Defendants

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

Date published: May 6, 2011

Citations

No. 2:09-cv-3307 FCD KJN P (E.D. Cal. May. 6, 2011)