Terry v. Hivland

Full title: DEWEY TERRY, Plaintiff, v. JOHN HIVILAND, et al., Defendants

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

Date published: Jan 18, 2011

No. CIV S-10-0068 MCE GGH P (E.D. Cal. Jan. 18, 2011)

Opinion

No. CIV S-10-0068 MCE GGH P.

January 18, 2011

ORDER

GREGORY HOLLOWS, 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 (Docket No. 30) is denied.

DATED: January 18, 2011