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Reyes v. Mitchell

United States District Court, E.D. California
Feb 23, 2011
No. CIV S-11-0219 GGH P (E.D. Cal. Feb. 23, 2011)

Opinion

No. CIV S-11-0219 GGH P.

February 23, 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. Plaintiff's motion for the appointment of counsel will therefore be denied.

Accordingly, IT IS HEREBY ORDERED that plaintiff's January 24, 2011 motion for the appointment of counsel (Docket No. 2) is denied.

DATED: February 23, 2011


Summaries of

Reyes v. Mitchell

United States District Court, E.D. California
Feb 23, 2011
No. CIV S-11-0219 GGH P (E.D. Cal. Feb. 23, 2011)
Case details for

Reyes v. Mitchell

Case Details

Full title:DAVID REYES, Plaintiff, v. R. MITCHELL, et al., Defendants

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

Date published: Feb 23, 2011

Citations

No. CIV S-11-0219 GGH P (E.D. Cal. Feb. 23, 2011)