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O'Keefe v. Schwarzenegger

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 29, 2009

TIMOTHY O'KEEFE, PLAINTIFF,
v.
ARNOLD SCHWARZENEGGER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: George Foley, Jr. United States Magistrate Judge

ORDER

Motion for Appointment of Counsel (Dkt. #22)

This matter is before the Court on the Plaintiff's Motion for Appointment of Counsel (Dkt. #22), filed on April 6, 2009.

Plaintiff is a prisoner without counsel seeking relief for alleged civil rights violations under 42 U.S.C. § 1983. District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the Court may request counsel voluntarily to represent such a plaintiff. 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). The Court finds that Plaintiff has failed to demonstrate that there are exceptional circumstances in this case and will deny Plaintiff's motion. Accordingly,

IT IS HEREBY ORDERED that Plaintiff's Motion for Appointment of Counsel (Dkt. #22) is DENIED.

20090429

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