(PC) Fordyce v. Shirley

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 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 13 v. (ECF No. 12) 14 HEATHER SHIRLEY, et al., 15 Defendants. 16

17 Plaintiff has filed a motion for the appointment of counsel. ECF No. 12. Plaintiff, 18 however, provides no facts or law in support of the request. See id. 19 The United States Supreme Court has ruled that district courts lack authority to require 20 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 22 assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 23 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). 24 Given that Plaintiff has provided no support for the request for the appointment of 25 counsel, the court does not find the required exceptional circumstances. Therefore, the motion 26 will be denied. 27

28 1 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s request for the appointment of 2 counsel (ECF No. 12) is DENIED. 3 4 IT IS SO ORDERED. 5

6 Dated: February 3, 2025 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 7

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