Pickett
(PC) Garces v. Pickett
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 LUIS MANUEL GARCES, No. 2:17-cv-0319 JAM AC P Plaintiff, v. ORDER J. PICKETT, et al., Defendants. 15 Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested appointment of counsel. ECF No. 116. Plaintiff previously filed motions to appoint counsel on February 10, 2017, ECF No. 3; September 26, 2017, ECF No. 20; January 11, 2019, ECF No. 39; and June 14, 2019, ECF No. 83. Each motion was denied. See ECF Nos. 9, 21, 44, & 84. 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 district 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). 25…