Garcia-Castro

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEREMIE RYAN OVERSTREET, No. 2:20-cv-0633 AC P Plaintiff, v. ORDER M. WHITE, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983, has filed motions to voluntarily dismiss defendant White and for appointment of counsel. ECF No. 38, 39. The request to dismiss defendant White without prejudice will be granted and this case will proceed on the claims against defendant Garcia-Castro. Plaintiff has also filed another request for appointment of counsel. ECF No. 39. 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…