Scott v. McDonald

Filing 114

ORDER denying 112 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 06/28/13. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HOWARD SCOTT,
Plaintiff,

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No. 2:09-cv-0851 MCE EFB P

vs.
M. McDONALD, et al.,
Defendants.

ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
U.S.C. § 1983. He once again requests that the court appoint counsel.
As plaintiff has been previously informed, district courts lack authority to require counsel

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to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490

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U.S. 296, 298 (1989). In exceptional circumstances, the court may request an attorney to

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voluntarily to represent such a plaintiff. See 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935 F.2d

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1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990).

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When determining whether “exceptional circumstances” exist, the court must consider the

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likelihood of success on the merits as well as the ability of the plaintiff to articulate his claims

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pro se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965,

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970 (9th Cir. 2009). Having once again considered those factors, the court still finds there are no

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exceptional circumstances in this case.

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

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counsel, Dckt. No. 112, is denied.

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DATED: June 28, 2013.

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