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Weston v. Cruz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Nov 6, 2015
No. 2:15-cv-0239 CKD P (E.D. Cal. Nov. 6, 2015)

Opinion

No. 2:15-cv-0239 CKD P

11-06-2015

ROCHELLE WESTON, Plaintiff, v. KRISTIN CRUZ, Defendant.


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 request for the appointment of counsel (ECF No. 21) is denied. Dated: November 6, 2015

/s/_________

CAROLYN K. DELANEY

UNITED STATES MAGISTRATE JUDGE
1/md
west0239.31


Summaries of

Weston v. Cruz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Nov 6, 2015
No. 2:15-cv-0239 CKD P (E.D. Cal. Nov. 6, 2015)
Case details for

Weston v. Cruz

Case Details

Full title:ROCHELLE WESTON, Plaintiff, v. KRISTIN CRUZ, Defendant.

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

Date published: Nov 6, 2015

Citations

No. 2:15-cv-0239 CKD P (E.D. Cal. Nov. 6, 2015)