Baser

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAVANCE PAYNE, No. 2: 20-cv-553 KJN P Plaintiff, v. ORDER C. BASER, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On July 9, 2020, the undersigned denied plaintiff’s motion for appointment of counsel. (ECF No. 22.) Pending before the court is plaintiff’s August 10, 2020 “request for rehearing” of his motion for appointment of counsel. (ECF No. 23.) The undersigned construes plaintiff’s request for rehearing as a renewed request for appointment of counsel. For the reasons stated herein, plaintiff’s renewed request is denied. 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 circumstances, the court may request an attorney to voluntarily represent such a plaintiff. See 28 27 …