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Smith v. Douglas

United States District Court, E.D. California
Oct 12, 2007
No. CIV S-05-2266 RRB EFB P (E.D. Cal. Oct. 12, 2007)

Opinion

No. CIV S-05-2266 RRB EFB P.

October 12, 2007


ORDER


Plaintiff is a prisoner without counsel seeking relief for alleged civil rights violations. See 42 U.S.C. § 1983. He has requested that the court appoint counsel. District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request counsel voluntarily to represent such a plaintiff. 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). The court finds that there are no exceptional circumstances in this case.

Accordingly, IT IS HEREBY ORDERED that plaintiff's August 24, 2007, request for appointment of counsel is denied.


Summaries of

Smith v. Douglas

United States District Court, E.D. California
Oct 12, 2007
No. CIV S-05-2266 RRB EFB P (E.D. Cal. Oct. 12, 2007)
Case details for

Smith v. Douglas

Case Details

Full title:SCOTT W. SMITH, Plaintiff, v. GLENN DOUGLAS, et al., Defendants

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

Date published: Oct 12, 2007

Citations

No. CIV S-05-2266 RRB EFB P (E.D. Cal. Oct. 12, 2007)