Mendoza
v.
Spadaro

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIAApr 28, 2016
No. 2:16-cv-0855 CKD P (E.D. Cal. Apr. 28, 2016)

No. 2:16-cv-0855 CKD P

04-28-2016

TORIBIO MENDOZA, Plaintiff, v. SPADARO, et al., Defendants.


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. 3) is denied. Dated: April 28, 2016

/s/_________


CAROLYN K. DELANEY


UNITED STATES MAGISTRATE JUDGE /md; mend0855.31