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Martinez v. Hoover

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


September 30, 2010

ARCHIE A. MARTINEZ, PLAINTIFF,
v.
G. HOOVER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. On August 16, 2010, the undersigned denied Plaintiff's request for appointment of counsel (Doc. 29). Plaintiff has now filed a motion for reconsideration of that order, indicating that he was requesting not just the appointment of counsel, but for the court to refer his case to the civil rights clinic for evaluation (Doc. 31).

Plaintiff has not set forth any new or different facts or circumstances than were raised in his original motion. To the extent Plaintiff claims the court misunderstood his motion, such is not the case. As stated previously, the court does not find the required exceptional circumstances in this case to request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). This same reasoning applies to referral to the civil rights clinic as well as direct appointment of counsel. This does not, however, preclude Plaintiff from contacting the civil rights clinic himself.

Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion for reconsideration of the order denying the appointment of or referral to counsel is DENIED.

20100930

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