Ortiz v. Reynolds et al

Filing 102

ORDER signed by Magistrate Judge Edmund F. Brennan on 07/24/14 denying 99 Motion to Appoint Counsel and granting 100 Motion for Extension of time. Plaintiff has 60 days from the date this order is served to file his pretrial statement. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE B. ORTIZ,

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No. 2:10-cv-1380-MCE-EFB P
Plaintiff,

v.

ORDER

J. REYNOLDS, 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 appointment of counsel and an extension of time to file his pretrial

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statement.

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District courts lack authority to require counsel to represent indigent prisoners in section

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

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circumstances, the court may request an attorney to voluntarily to represent such a plaintiff. See

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

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Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). When determining whether “exceptional

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circumstances” exist, the court must consider the likelihood of success on the merits as well as the

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ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues

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involved. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). Having considered those factors,

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the court finds there are no exceptional circumstances in this case.
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The court will, however, grant plaintiff’s request for an additional sixty (60) days in which
to file his pretrial statement.

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Accordingly, it is hereby ORDERED that:

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1. Plaintiff’s request for an extension of time (ECF No. 100) is granted and plaintiff has

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60 days from the date this order is served to file his pretrial statement; and

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2. Plaintiff request for appointment of counsel (ECF No. 99) is denied.

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So ordered.

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Dated: July 24, 2014.

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