Opinion
No. CIV S-08-2541 KJM P.
October 30, 2008
ORDER
Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has not, however, filed an application for leave to proceed in forma pauperis or paid the filing fee. Accordingly, plaintiff will be provided the opportunity to submit an application to proceed in forma pauperis or pay the filing fee. Plaintiff is cautioned that if he files a request for leave to proceed in forma pauperis he must also provide a certified copy of his prison trust account statement for the six month period immediately preceding the filing of his complaint.
In addition, 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 request for the appointment of counsel will therefore be denied.
In accordance with the above, IT IS HEREBY ORDERED that:
1. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner;
2. Plaintiff shall submit, within thirty days from the date of this order, a completed application to proceed in forma pauperis or pay the filing fee ($350.00) for this action. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice; and
3. Plaintiff's request for the appointment of counsel is denied.