United States District Court for the Eastern District of California, 2024

(PC) Anderson v. Vangerwen

(PC) Anderson v. Vangerwen
United States District Court for the Eastern District of California · Decided October 15, 2024
(PC) Anderson v. Vangerwen

Trial Court Opinion

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA | RYAN DAVID ANDERSON, No. 2:20-cv-00246-KJM-SCR P 12 Plaintiff, 13 Vv. ORDER | ROBERT M. VAN GERWEN, et al., 15 Defendants.

17 Plaintiff has requested the appointment of counsel. The United States Supreme Court has | ruled that under 28 U.S.C. § 1915, 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 at this time. Plaintiff's request for the || appointment of counsel will therefore be denied.

25 Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the appointment of || counsel is denied.

27 || DATED: October 15, 2024 md SEAN C. RIORDAN UNITED STATES MAGISTRATE JUDGE

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