Herrera

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 NICHOLAS D. FLORES, No. 2:22-cv-2107 DAD SCR P Plaintiff, v. ORDER G. HERRERA, et al., Defendants. 15 Plaintiff, a state prisoner proceeding pro se with a civil rights action, has moved for appointment of counsel. Plaintiff also asks the court to re-schedule the settlement conference which was vacated. For the reasons set forth below, plaintiff’s motion is denied. I. 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 district court may request the voluntary assistance of counsel pursuant to § 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). The test for exceptional circumstances…