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Edward Thomas v. Thomas Felker

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


January 13, 2011

EDWARD THOMAS, PLAINTIFF,
v.
THOMAS FELKER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Craig M. Kellison 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 find the required exceptional circumstances. Plaintiff's motion for the appointment of counsel will therefore be denied.

Plaintiff has also filed a motion to compel discovery. In light of the pending motion to dismiss for failure to exhaust administrative grievances, the court will deny the motion without prejudice to its renewal, if necessary, after the resolution of the motion to dismiss and after the court sets a schedule for discovery.

Accordingly, IT IS HEREBY ORDERED that

1. Plaintiff's motion for the appointment of counsel (Docket No. 28) is denied; and

2. Plaintiff's motion for an order compelling discovery (Docket No. 27) is denied without prejudice.

20110113

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