Sisco v. State

Full title: PERRY LEE SISCO, Plaintiff, v. STATE OF CALIFORNIA, et al., Defendants.

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

Date published: Feb 5, 2007

CIV S-05-0867 GEB JFM P (E.D. Cal. Feb. 5, 2007)

Opinion

PERRY LEE SISCO, Plaintiff, v. STATE OF CALIFORNIA, et al., Defendants. No. CIV S-05-0867 GEB JFM P United States District Court, E.D. California. February 5, 2007

          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 January 8, 2007 request for the appointment of counsel is denied.