Spencer

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARY RAY BETTENCOURT, No. 2:18-cv-2895 KJN P 12 Plaintiff, 13 v. ORDER 14 GORDON SPENCER, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se. Plaintiff’s civil rights action, brought under 18 42 U.S.C. § 1983, was dismissed without prejudice on July 10, 2019. On October 15, 2020, 19 plaintiff filed a petition and a motion for reconsideration and request for appeal, as well as a 20 motion for appointment of counsel, which plaintiff claims he also mailed to the Ninth Circuit. 21 Plaintiff requests that the court appoint counsel. District courts lack authority to require 22 counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. 23 Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request an attorney 24 to voluntarily represent such a plaintiff. See 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 25 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332,…