Sprinkle v. Robinson, et al

Filing 190

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/14/2017 DENYING 188 Motion for Reconsideration of Motion 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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No. 2:02-cv-1563-JAM-EFB P

Plaintiff,
v.

ORDER

LEON ROBINSON, et al.,
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 reconsider its denial of his motion to appoint counsel.

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ECF No. 188. As the court’s prior order informed plaintiff, 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 again finds there are no

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exceptional circumstances in this case. While plaintiff urges that he is not trained in law and will
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face difficulty in preparing for trial, this fact is shared by many, if not the majority, of indigent

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prisoners. The issues that remain for trial in this case – the type and amount of damages plaintiff

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may recover – do not present the degree of legal complexity that warrants appointment of

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counsel.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for reconsideration of his

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motion for appointment of counsel (ECF No. 188) is denied.

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DATED: December 14, 2017.

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