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Moreland v. Virga

United States District Court, E.D. California
Dec 13, 2010
No. CIV S-10-2701 GGH P (E.D. Cal. Dec. 13, 2010)

Opinion

No. CIV S-10-2701 GGH P.

December 13, 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 October 5, 2010 and November 18, 2010 motions for the appointment of counsel (Docket No's 3 and 7) are denied.

DATED: December 13, 2010


Summaries of

Moreland v. Virga

United States District Court, E.D. California
Dec 13, 2010
No. CIV S-10-2701 GGH P (E.D. Cal. Dec. 13, 2010)
Case details for

Moreland v. Virga

Case Details

Full title:DESMOND MICHAEL MORELAND, Plaintiff, v. TIM VIRGA, Warden, Defendant

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

Date published: Dec 13, 2010

Citations

No. CIV S-10-2701 GGH P (E.D. Cal. Dec. 13, 2010)