Sprinkle v. Robinson, et al
Filing
177
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/11/2017 DENYING 176 Request for Appointment of Counsel. (Henshaw, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MARK WAYNE SPRINKLE,
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Plaintiff,
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No. 2:02-cv-1563-JAM-EFB P
v.
ORDER
LEON ROBINSON, et al.,
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Defendants.
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
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U.S.C. § 1983. He requests that the court appoint counsel. District courts lack authority to
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require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States
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Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request an
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attorney to voluntarily to represent such a plaintiff. See 28 U.S.C. § 1915(e)(1); Terrell v.
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Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th
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Cir. 1990). When determining whether “exceptional circumstances” exist, the court must
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consider the likelihood of success on the merits as well as the ability of the plaintiff to articulate
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his claims pro se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560
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F.3d 965, 970 (9th Cir. 2009). Having considered those factors, the court finds there are no
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exceptional circumstances in this case.
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/////
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The court previously appointed counsel to brief plaintiff’s position on the impact of Heck
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v. Humphrey on plaintiff’s claim. ECF No. 159. That briefing concerned a complex legal issue
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warranting the appointment of counsel. The issue has been resolved by the court, and thus the
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exceptional circumstances justifying counsel’s appointment are no longer present. Plaintiff’s lack
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of training in the law, incarceration, and unexplained medical and mental health issues do not
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constitute exceptional circumstances. See Lowe v. Dep’t of Corr., No. CIV S-06-1623 LKK DAD
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P, 2007 U.S. Dist. LEXIS 76929, at *8-10 (E.D. Cal. Oct. 1, 2007) (“Circumstances common to
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most prisoners, such as lack of legal education and limited law library access, do not establish
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exceptional circumstances that would warrant a request for voluntary assistance of counsel.”).
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for appointment of
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counsel (ECF No. 176) is denied.
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DATED: September 11, 2017.
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