(PC) Gonzalez v. Perez ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL HERNANDEZ GONZALEZ, No. 1:19-cv-1447-JLT (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTIONS FOR APPOINTMENT OF 13 v. COUNSEL 14 GUARD H. PEREZ, et al., (Docs. 78, 80, 96) 15 Defendants. 16 17 Plaintiff has filed his eighth, ninth, and tenth requests for the appointment of counsel. The 18 United States Supreme Court has ruled that district courts lack authority to require counsel to 19 represent indigent prisoners in section 1983 cases. Mallard v. U.S. Dist. Ct., 490 U.S. 296, 298 20 (1989). In certain exceptional circumstances, the court may request the voluntary assistance of 21 counsel under 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); 22 Wood v. Housewright, 900 F.2d 1332, 1335–36 (9th Cir. 1990). However, Plaintiff has again 23 failed to demonstrate the required exceptional circumstances for court assistance in obtaining 24 counsel. Accordingly, the Court DENIES the motions without prejudice. 25 IT IS SO ORDERED. 26 27 Dated: April 1, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 28