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Smith v. Sahota

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Oct 16, 2011
No. CIV S-10-0762 CKD P (E.D. Cal. Oct. 16, 2011)

Opinion

No. CIV S-10-0762 CKD P

10-16-2011

GREGORY SMITH, Plaintiff, v. PEETRANJAN SAHOTA, 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 motion for the appointment of counsel will therefore be denied.

Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for the appointment of counsel (Docket No. 45) is denied.

CAROLYN K. DELANEY

UNITED STATES MAGISTRATE JUDGE


Summaries of

Smith v. Sahota

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Oct 16, 2011
No. CIV S-10-0762 CKD P (E.D. Cal. Oct. 16, 2011)
Case details for

Smith v. Sahota

Case Details

Full title:GREGORY SMITH, Plaintiff, v. PEETRANJAN SAHOTA, et al., Defendants.

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

Date published: Oct 16, 2011

Citations

No. CIV S-10-0762 CKD P (E.D. Cal. Oct. 16, 2011)