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Johnson v. Martel

United States District Court, E.D. California
Feb 16, 2010
No. 2:09-cv-2103 JFM (PC) (E.D. Cal. Feb. 16, 2010)

Opinion

No. 2:09-cv-2103 JFM (PC).

February 16, 2010


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 is denied.


Summaries of

Johnson v. Martel

United States District Court, E.D. California
Feb 16, 2010
No. 2:09-cv-2103 JFM (PC) (E.D. Cal. Feb. 16, 2010)
Case details for

Johnson v. Martel

Case Details

Full title:JOSEPH JOHNSON, Plaintiff, v. M. MARTEL, et al., Defendants

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

Date published: Feb 16, 2010

Citations

No. 2:09-cv-2103 JFM (PC) (E.D. Cal. Feb. 16, 2010)