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Tunstall v. Knowles

February 18, 2009

ROBERT TUNSTALL, PLAINTIFF,
v.
MIKE KNOWLES, ET AL., DEFENDANTS.



ORDER

Plaintiff has filed two motions for 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 motions for the appointment of counsel will therefore be denied.

In accordance with the above, IT IS HEREBY ORDERED that plaintiff's January 16, 2009 and February 9, 2009 motions for the appointment of counsel are denied.

20090218

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