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Schoby v. Pinkerton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Sep 8, 2011
No. 2:10-cv-0582 JFM (PC) (E.D. Cal. Sep. 8, 2011)

Opinion

No. 2:10-cv-0582 JFM (PC)

09-08-2011

WILLIE SCHOBY, Plaintiff, v. P. PINKERTON, et al., Defendants.


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 request for the appointment of counsel will therefore be denied.

Accordingly, IT IS HEREBY ORDERED that plaintiff's request for the appointment of counsel is denied.

UNITED STATES MAGISTRATE JUDGE ____


Summaries of

Schoby v. Pinkerton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Sep 8, 2011
No. 2:10-cv-0582 JFM (PC) (E.D. Cal. Sep. 8, 2011)
Case details for

Schoby v. Pinkerton

Case Details

Full title:WILLIE SCHOBY, Plaintiff, v. P. PINKERTON, et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Sep 8, 2011

Citations

No. 2:10-cv-0582 JFM (PC) (E.D. Cal. Sep. 8, 2011)