Jiminez

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 IVORY LEWIS DOWNS, JR., No. 2:22-cv-1021 TLN AC P 12 Plaintiff, 13 v. ORDER 14 M. JIMINEZ, et al., 15 Defendants. 16 17 Plaintiff has submitted a letter to the court stating that he filed objections to the March 10, 18 2023 findings and recommendations even though the order adopting the findings and 19 recommendations states that he did not. ECF No. 45. He requests appointment of counsel on the 20 grounds that he believes the mail room did not send out his mail and that he has had continuing 21 issues with mail. Id. Accordingly, the letter is construed as a motion for appointment of counsel. 22 The United States Supreme Court has ruled that district courts lack authority to require 23 counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 24 U.S. 296, 298 (1989). In certain exceptional circumstances, the district court may request the 25 voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell…