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Wolfenbarger v. Black

United States District Court, E.D. California
Aug 18, 2006
No. CIV S-03-2417 MCE PAN P (E.D. Cal. Aug. 18, 2006)

Opinion

No. CIV S-03-2417 MCE PAN P.

August 18, 2006


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 July 11, 2006 motion for the appointment of counsel is denied.


Summaries of

Wolfenbarger v. Black

United States District Court, E.D. California
Aug 18, 2006
No. CIV S-03-2417 MCE PAN P (E.D. Cal. Aug. 18, 2006)
Case details for

Wolfenbarger v. Black

Case Details

Full title:JIM DEAN WOLFENBARGER, Plaintiff, v. VIRGINIA BLACK, et al., Defendants

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

Date published: Aug 18, 2006

Citations

No. CIV S-03-2417 MCE PAN P (E.D. Cal. Aug. 18, 2006)