(PC) Schmaus v. Covello ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JASON ERIK SCHMAUS, No. 2:20-cv-1356 DJC AC P 12 Plaintiff, 13 v. ORDER 14 P. COVELLO, et al., 15 Defendants. 16 17 Plaintiff has requested the appointment of counsel. ECF No. 46. In support of the 18 request, plaintiff states that he has been hospitalized close to 20 months in the last three years. 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). In the present 24 case, the court does not find the required exceptional circumstances. Plaintiff’s request for the 25 appointment of counsel will therefore be denied. 26 //// 27 //// 28 //// ] Accordingly, IT IS HEREBY ORDERED that plaintiffs request for the appointment of 2 || counsel (ECF No. 46) is DENIED. 3 || DATED: June 12, 2023 ~ 4 Httwn— ALLISON CLAIRE 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28