Filed: May 21, 2019
Latest Update: May 21, 2019
Summary: ORDER ALLISON CLAIRE , Magistrate Judge . On May 13, 2019, plaintiff filed a motion for the appointment of counsel. ECF No. 42. In support of the motion, plaintiff asserts that he has limited access to the resources needed to adequately prosecute this case. See id. 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 e
Summary: ORDER ALLISON CLAIRE , Magistrate Judge . On May 13, 2019, plaintiff filed a motion for the appointment of counsel. ECF No. 42. In support of the motion, plaintiff asserts that he has limited access to the resources needed to adequately prosecute this case. See id. 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 ex..
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ORDER
ALLISON CLAIRE, Magistrate Judge.
On May 13, 2019, plaintiff filed a motion for the appointment of counsel. ECF No. 42. In support of the motion, plaintiff asserts that he has limited access to the resources needed to adequately prosecute this case. See id.
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).
The test for exceptional circumstances requires the court to evaluate the plaintiff's likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved. See Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Circumstances common to most prisoners, such as lack of legal education and limited law library access, do not establish exceptional circumstances that would warrant a request for voluntary assistance of counsel. In the present case, the court does not find the required exceptional circumstances.
Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for the appointment of counsel (ECF No. 42) is DENIED.
