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Paul N. Spohn v. Trinity County District Attorney's Office

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


June 18, 2012

PAUL N. SPOHN, PLAINTIFF,
v.
TRINITY COUNTY DISTRICT ATTORNEY'S OFFICE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Carolyn K. Delaney 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 attached numerous documents to his letter filed June 12, 2012. Plaintiff is advised that the court will consider any documents submitted along with a First Amended Complaint as directed in its June 12, 2012 order. (Dkt. No. 9.) However, documents not submitted in conjunction with an amended complaint will not be considered in the screening of that complaint pursuant to 28 U.S.C. § 1915(a).

Accordingly, IT IS HEREBY ORDERED that plaintiff's June 12, 2012 motion for the appointment of counsel (Docket No. 11) is denied.

20120618

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