Stephen v. Doyle

Full title: JIMMIE STEPHEN, Plaintiff, v. ROBERT DOYLE, et al., Defendants.

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

Date published: May 10, 2011

CIV S-10-3469 KJM KJN (TEMP) P (E.D. Cal. May. 10, 2011)

Opinion

JIMMIE STEPHEN, Plaintiff, v. ROBERT DOYLE, et al., Defendants. No. CIV S-10-3469 KJM KJN (TEMP) P United States District Court, E.D. California. May 10, 2011

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         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.