United States District Court for the Eastern District of California, 2020

(PC) Gonzalez v. Perez

(PC) Gonzalez v. Perez
United States District Court for the Eastern District of California · Decided April 14, 2020
(PC) Gonzalez v. Perez

Trial Court Opinion

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA MICHAEL HERNANDEZ GONZALEZ, No. 1:19-cv-1447-JLT (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTIONS FOR APPOINTMENT OF 13 v. COUNSEL GUARD H. PEREZ, et al., (Docs. 4, 17, 19, 21, 22, 26) 15 Defendants.

17 Plaintiff has filed multiple motions for 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). The court does not find the required exceptional circumstances in this case. Accordingly, the Court DENIES without prejudice plaintiff’s motions for the appointment of counsel.

IT IS SO ORDERED.

27 Dated: April 14, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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