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Branko Majstoric v. Deputy Tomen

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


February 10, 2012

BRANKO MAJSTORIC, PLAINTIFF,
v.
DEPUTY TOMEN, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman 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 has articulated his claims and complied with all court orders. The complaint contains straightforward claims of false arrest and excessive force, and defendant has not yet appeared in the action. Plaintiff's motion for the appointment of counsel is therefore denied without prejudice.

Accordingly, IT IS HEREBY ORDERED that plaintiff's January 30, 2012 request for the appointment of counsel (Docket No. 18) is denied.

20120210

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