Lal v. McDonald et al

Filing 35

ORDER signed by Magistrate Judge Dale A. Drozd on 3/20/2014 DENYING plaintiff's 34 motion for an extension of time, as unnecessary ; and DENYING plaintiff's 34 motion for appointment of counsel. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AZHAR LAL,

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No. 2:10-cv-1051 JAM DAD P
Plaintiff,

v.

ORDER

M.D. McDONALD et al.,
Defendants.

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On March 10, 2014, plaintiff filed a third motion for an extension of time to file

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objections to the court’s January 27, 2014 findings and recommendations in which the

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undersigned recommended that plaintiff’s second amended complaint be dismissed for failure to

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state a claim. Plaintiff did not have the benefit of the court’s March 5, 2014 order, granting his

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second motion for an extension of time when he filed his most recent motion for an extension of

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time. Accordingly, the court will deny his motion as unnecessary.

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Plaintiff has also requested the appointment of counsel. The United States Supreme Court

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has ruled that district courts lack authority to require counsel to represent indigent prisoners in §

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1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain

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exceptional circumstances, the district court may request the voluntary assistance of counsel

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pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991);

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

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The test for exceptional circumstances requires the court to evaluate the plaintiff’s

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likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in

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light of the complexity of the legal issues involved. See Wilborn v. Escalderon, 789 F.2d 1328,

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1331 (9th Cir. 1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Circumstances

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common to most prisoners, such as lack of legal education and limited law library access, do not

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establish exceptional circumstances that would warrant a request for voluntary assistance of

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counsel. In the present case, the court does not find the required exceptional circumstances.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for an extension of time (Doc. No. 34) is denied as unnecessary; and

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2. Plaintiff’s motion for appointment of counsel (Doc. No. 34) is denied.
Dated: March 20, 2014

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DAD:9
lal1051.36d

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