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Whittenberg v. Bortolamedi

United States District Court, E.D. California
Feb 21, 2006
No. CIV S-04-2225 GEB PAN P (E.D. Cal. Feb. 21, 2006)

Opinion

No. CIV S-04-2225 GEB PAN P.

February 21, 2006


ORDER


Plaintiff has filed a motion for 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 January 24, 2006 motion for the appointment of counsel is denied.


Summaries of

Whittenberg v. Bortolamedi

United States District Court, E.D. California
Feb 21, 2006
No. CIV S-04-2225 GEB PAN P (E.D. Cal. Feb. 21, 2006)
Case details for

Whittenberg v. Bortolamedi

Case Details

Full title:JAMES WHITTENBERG, Plaintiff, v. V. BORTOLAMEDI, et al., Defendants

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

Date published: Feb 21, 2006

Citations

No. CIV S-04-2225 GEB PAN P (E.D. Cal. Feb. 21, 2006)