Rider v. Walker

Full title: ANDRE RIDER, Plaintiff, v. WALKER, et al., Defendants

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

Date published: Oct 17, 2011

No. 2:10-cv-0662 JAM KJN P (E.D. Cal. Oct. 17, 2011)

Opinion

No. 2:10-cv-0662 JAM KJN P.

October 17, 2011

ORDER

KENDALL NEWMAN, Magistrate Judge

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 motion for the appointment of counsel is denied.

Accordingly, IT IS HEREBY ORDERED that plaintiff's October 7, 2011 motion for the appointment of counsel is denied.

DATED: October 14, 2011