UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 26, 2009
ANDREW CALVIN COLEY, PLAINTIFF,
DR. CASSIM, ET AL., DEFENDANTS.
The opinion of the court was delivered by: George Foley, Jr. United States Magistrate Judge
Plaintiff's Seventh Request for Counsel
This matter is before the Court on Plaintiff's Seventh Motion for Appointment of Counsel (Dkt. #74), filed on June 18, 2009.
Plaintiff has filed six prior requests for counsel (see Dkts. #13, 28, 31, 36, 37 and 46) over the past two years of litigating this matter, each of which was denied (see Dkts. #13, 28, 36, 37 and 52). The Court will again deny Plaintiff's request. 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 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 again finds that there are no exceptional circumstances in this case. Accordingly,
IT IS HEREBY ORDERED that Plaintiff's Request for Appointment of Counsel (Dkt. #74) is DENIED.
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