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Battiste v. Velasquez

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


September 14, 2009

EDWARD ANTONIO BATTISTE, PLAINTIFF,
v.
B. VELASQUEZ, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff has requested 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 ye6t find the required exceptional circumstances. This order is made without prejudice to a later request which may be based on documents produced during discovery. Plaintiff's motion for the appointment of counsel will therefore be presently denied.

Accordingly, IT IS HEREBY ORDERED that plaintiff's August 31, 2009 motion for the appointment of counsel (Docket No. 10) is denied.

20090914

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