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Walker v. Gower

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 31, 2010

JAMEL WALKER, PLAINTIFF,
v.
R. GOWER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: J. Clifford Wallace United States Circuit Judge

ORDER

Walker, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. On June 8, 2009, Walker filed a motion for the appointment of counsel.

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 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 this case, I conclude that the required exceptional circumstances do not exist. Accordingly, Walker's motion for the appointment of counsel is DENIED without prejudice.

20100331

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