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George M. Pasion v. John A. Haviland

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


August 15, 2012

GEORGE M. PASION, PLAINTIFF,
v.
JOHN A. HAVILAND, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows 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. The facts of the single claim in this case are rather straightforward and a fully briefed motion for summary judgment is currently pending. If the case survives summary judgment plaintiff may refile this motion. Plaintiff's motion for the appointment of counsel will therefore be denied without prejudice.

Accordingly, IT IS HEREBY ORDERED that plaintiff's July 27, 2012 motion for the appointment of counsel (Docket No. 45) is denied.

20120815

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