(PC) Anderson v. Vangerwen

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | RYAN DAVID ANDERSON, No. 2:20-cv-00246-KJM-SCR P 12 Plaintiff, 13 Vv. ORDER 14 | ROBERT M. VAN GERWEN, et al., 15 Defendants. 16 17 Plaintiff has requested the appointment of counsel. The United States Supreme Court has 18 | ruled that under 28 U.S.C. § 1915, district courts lack authority to require counsel to represent 19 | indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 20 | (1989). In certain exceptional circumstances, the court may request the voluntary assistance of 21 || counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 22 || 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the 23 || court does not find the required exceptional circumstances at this time. Plaintiff's request for the 24 || appointment of counsel will therefore be denied. 25 Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the appointment of 26 || counsel is denied. 27 || DATED: October 15, 2024 md 28 SEAN C. RIORDAN UNITED STATES MAGISTRATE JUDGE