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Ortega v. Felker

United States District Court, E.D. California
Oct 24, 2008
No. CIV S-07-0915-LKK-GGH P (E.D. Cal. Oct. 24, 2008)

Opinion

No. CIV S-07-0915-LKK-GGH P.

October 24, 2008


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 September 26, 2008 request for the appointment of counsel (Docket #43) will therefore be denied.

Accordingly, IT IS HEREBY ORDERED that plaintiff's September 26, 2008, motion for the appointment of counsel (# 43) is denied.


Summaries of

Ortega v. Felker

United States District Court, E.D. California
Oct 24, 2008
No. CIV S-07-0915-LKK-GGH P (E.D. Cal. Oct. 24, 2008)
Case details for

Ortega v. Felker

Case Details

Full title:NOEL FELIX ORTEGA, Plaintiff, v. T. FELKER, et al., Defendants

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

Date published: Oct 24, 2008

Citations

No. CIV S-07-0915-LKK-GGH P (E.D. Cal. Oct. 24, 2008)