(PC) Anderson v. Vangerwen

Opinion

FOR THE EASTERN DISTRICT OF CALIFORNIA RYAN DAVID ANDERSON, No. 2:20-cv-00246-KJM-SCR P Plaintiff, Vv. ORDER ROBERT M. VAN GERWEN, et al., Defendants. 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. Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the appointment of counsel is denied. DATED: October 15, 2024 md SEAN C. RIORDAN UNITED STATES MAGISTRATE JUDGE