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Eddie Frias v. Lt. G. Marshall

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


August 7, 2012

EDDIE FRIAS, PLAINTIFF,
v.
LT. G. MARSHALL, DEFENDANT.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Plaintiff has requested the appointment of counsel. (Dkt. No. 76.) 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.

The court has also reviewed plaintiff's motion to postpone the trial date by 90 days. (Dkt. No. 76.) In light of the fact that this case has been pending for six years, the court will decline to grant this extension.

Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for the appointment of counsel and an extension of the trial date (Docket No. 76) is denied.

20120807

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