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Hanif v. Solano County Jail Medical Staff

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


April 14, 2009

RAHIM AHMAD HANIF, PLAINTIFF,
v.
SOLANO COUNTY JAIL MEDICAL STAFF, ET AL., DEFENDANTS.

ORDER

Plaintiff, a county jail inmate proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983, has filed a motion for 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 motion for appointment of counsel will therefore be denied.

Accordingly, IT IS HEREBY ORDERED that plaintiff's April 2, 2009 motion for appointment of counsel is denied.

20090414

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