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Coley v. Cassim

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 26, 2009

ANDREW CALVIN COLEY, PLAINTIFF,
v.
DR. CASSIM, ET AL., DEFENDANTS.

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

ORDER

Plaintiff's Seventh Request for Counsel

(Dkt. #74)

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.

20090626

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