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Martin v. County of Sacramento Board of Supervisors

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 5, 2008

ERIC MARTIN, PLAINTIFF,
v.
COUNTY OF SACRAMENTO BOARD OF SUPERVISORS, ET AL., DEFENDANTS.

ORDER

Plaintiff has renewed his request for the appointment of counsel.*fn1 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 May 7, 2008 and August 1, 2008 requests for the appointment of counsel are denied. (Docket Nos. 33 & 66.)


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