(PC) Fordyce v. Shirley

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA JOSHUA FORDYCE, A.K.A. BRITTANY No. 1:25-cv-00106 GSA (PC) FORDYCE, 12 ORDER DENYING PLAINTIFF’S MOTION Plaintiff, FOR THE APPOINTMENT OF COUNSEL v. (ECF No. 12) HEATHER SHIRLEY, et al., Defendants.

Plaintiff has filed a motion for the appointment of counsel. ECF No. 12. Plaintiff, however, provides no facts or law in support of the request. See id. 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 21 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).

Given that Plaintiff has provided no support for the request for the appointment of counsel, the court does not find the required exceptional circumstances. Therefore, the motion will be denied.

1 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s request for the appointment of counsel (ECF No. 12) is DENIED.

IT IS SO ORDERED.

6 Dated: February 3, 2025 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE