Herrera

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MALIK DAVIS, No. 1:24-cv-00896 GSA (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR THE APPOINTMENT OF COUNSEL

v. JASMIN HERRERA, et al., Defendants. 16 Plaintiff has requested the appointment of counsel. ECF No. 11. In support of the motion Plaintiff states that he cannot afford counsel, that his imprisonment will greatly limit his ability to litigate, and that a trial in this case will likely involve conflicting testimony. Id. The United States Supreme Court has ruled that 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 court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 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). In the present case, the court does…