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Jose Manuel Perez v. D.K. Sisto

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


July 18, 2011

JOSE MANUEL PEREZ, PLAINTIFF,
v.
D.K. SISTO, ET AL., DEFENDANTS.

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

ORDER

Plaintiff is a prison inmate proceeding pro se and in forma pauperis with a civil rights action. On July 11, 2011, plaintiff filed his fourth request for the appointment of counsel. Plaintiff's previous requests were filed on April 22, 2008, February 5, 2009 and August 24, 2010. All requests were denied. The issues presented (excessive force and failure to protect) are not beyond the ability of this pro se defendant to present at trial. In light of those orders, and because the undersigned continues to find that exceptional circumstances to warrant this court's requesting voluntary assistance of counsel for plaintiff are not present in this case, Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990), the request will be denied.

Accordingly, IT IS HEREBY ORDERED that plaintiff's July 11, 2011 request is denied.

Gregory G. Hollows

20110718

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