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Watkins v. Singh

United States District Court, Ninth Circuit

May 30, 2013

NOEL KEITH WATKINS, Plaintiff,
v.
VAMIL SINGH, et al., Defendants.

ORDER

DALE A. DROZD, Magistrate Judge.

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. Further, plaintiff's request for mediation will be denied as premature. Plaintiff may renew his request once defendants have appeared in the action.

Accordingly, IT IS HEREBY ORDERED that plaintiff's May 9, 2013, motion for the appointment of counsel and request for mediation (ECF 41) is denied.


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