From Casetext: Smarter Legal Research

Randall v. McDonald

United States District Court, E.D. California
Dec 3, 2010
No. 2:09-cv-2765 KJN P (E.D. Cal. Dec. 3, 2010)

Opinion

No. 2:09-cv-2765 KJN P.

December 3, 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. Therefore, plaintiff's request for the appointment of counsel is denied.

Accordingly, IT IS HEREBY ORDERED that plaintiff's November 18, 2010 motion for the appointment of counsel (Dkt. No. 19) is denied.

DATED: December 2, 2010


Summaries of

Randall v. McDonald

United States District Court, E.D. California
Dec 3, 2010
No. 2:09-cv-2765 KJN P (E.D. Cal. Dec. 3, 2010)
Case details for

Randall v. McDonald

Case Details

Full title:JERALD RANDALL, Plaintiff, v. M.D. McDONALD, et al., Defendants

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

Date published: Dec 3, 2010

Citations

No. 2:09-cv-2765 KJN P (E.D. Cal. Dec. 3, 2010)