DiTomas

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID WESLEY BIRRELL, No. 2:22-cv-01528-KJM-EFB (PC) Plaintiff, v. ORDER MICHELE DiTOMAS, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Plaintiff has filed a motion to appoint counsel. ECF No. 31. The motion also seeks to have the court appoint an expert witness. Id. at 1-2. Defendants have not responded to plaintiff’s motion. For the reasons stated hereafter, plaintiff’s motion is denied. Motion for Appointment of Counsel District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional cases, the court may request an attorney to voluntarily represent such a plaintiff. See 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…