(PC) Morrison v. Vierra

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

CURTIS LEE MORRISON, No. 2:20-cv-1924 DB P

Plaintiff, v. ORDER

E. VIERRA,

Defendant.

Plaintiff has requested the appointment of counsel. (ECF No. 3). In support of the motion, plaintiff states that he is not a lawyer and that ultimately, he needs one to help him properly present his job discrimination claims to the court. (See id. at 2).

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 22 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 request for the appointment of counsel will therefore be denied. //// ////

Accordingly, IT IS HEREBY ORDERED that plaintiffs request for the appointment of counsel (ECF No. 3) is DENIED.

Dated: January 4, 2021

ORAH BARNES

UNITED STATES MAGISTRATE JUDGE piB:13

DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/morr1924.31