Claiborne v. Blauser et al

Filing 89

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/3/13 DENYING 85 Motion to Appoint Counsel. (Dillon, 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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DENNIS G. CLAIBORNE,
Plaintiff,

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vs.

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No. 2:10-cv-2427 LKK EFB P

BLAUSER, et al.,
ORDER

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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 that certain prison officials be indicted

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and arrested. Dckt. No. 85

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

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

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exceptional circumstances, the court may request an attorney to voluntarily to represent such a

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plaintiff. See 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). When determining whether

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“exceptional circumstances” exist, the court must consider the likelihood of success on the

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merits as well as the ability of the plaintiff to articulate his claims pro se in light of the

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complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009).
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Having considered those factors, the court finds there are no exceptional circumstances in this

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case.

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Additionally, this court cannot grant plaintiff’s request to indict and arrest prison

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officials, as this is a civil suit, and generally, criminal statutes do not create private rights of

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action. See Allen v. Gold Country Casino, 464 F.3d 1044, 1048 (9th Cir. 2006). Plaintiff fails to

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cite to any authority that would authorize his requested relief.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s May 20, 2013 motion (Dckt.

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No. 85) is denied.

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DATED: June 3, 2013.

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