(PC) Gonzalez v. Perez ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE 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. 148, 155) 15 Defendants. 16 17 Plaintiff has filed his eleventh and twelfth requests for the appointment of counsel. In its 18 orders denying Plaintiff’s previous requests for appointment of counsel, this Court has advised 19 that district courts lack authority to require counsel to represent indigent prisoners in section 1983 20 cases. Mallard v. U.S. Dist. Ct., 490 U.S. 296, 298 (1989). In certain exceptional circumstances, 21 the court may request the voluntary assistance of counsel under 28 U.S.C. § 1915(e)(1). Terrell v. 22 Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335–36 23 (9th Cir. 1990). However, Plaintiff has again failed to demonstrate the required exceptional 24 circumstances for court assistance in obtaining counsel. 25 /// 26 /// 27 /// 28 /// 1 Accordingly, the Court DENIES WITH PREJUDICE Plaintiff’s renewed requests for 2 the appointment of counsel. The Plaintiff is again cautioned that filing duplicative pleadings may 3 subject Plaintiff to the imposition of sanctions. 4 IT IS SO ORDERED. 5 6 Dated: November 3, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28