Jones v. Sahota et al

Filing 103

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/31/2012 ORDERING that plaintiff's request, 61 , 73 , and 95 are DENIED.(Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HENRY A. JONES,
Plaintiff,

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vs.

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No. 2:10-cv-3206 MCE EFB P

SAHOTA, et al.,

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Defendants.

ORDER
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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. Pending before the court are plaintiff’s request for counsel and for assistance

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with responding to discovery. See Dckt. Nos. 61, 73, 95.

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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. Additionally, the court notes that discovery in this action is now closed, and the court

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cannot provide plaintiff with legal advice. See Oct. 31, 2011 Discovery and Scheduling Order,

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Dckt. No. 50.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s requests, Dckt. Nos. 61, 73, 95,

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are denied.

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DATED: July 31, 2012.

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