Jones v. Sahota et al

Filing 54

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/5/11 DENYING 37 and 52 Motions 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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HENRY A. JONES,
Plaintiff,

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vs.

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No. CIV S-10-3206 MCE EFB P

SAHOTA, et al.,
Defendants.

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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. He has requested that the court appoint counsel. Dckt. Nos. 37, 52. District

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courts lack authority to require counsel to represent indigent prisoners in section 1983 cases.

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

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the court may request counsel voluntarily to represent such a plaintiff. 28 U.S.C. § 1915(e)(1);

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Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332,

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1335-36 (9th Cir. 1990).

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While attachments to plaintiff’s filings demonstrate he suffers from significant mental

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illnesses and cognitive limitations, the court finds that at this juncture, there is no indication that

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plaintiff’s mental illnesses constitute “exceptional circumstances” in comparison to the many

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other uneducated prisoner pro se litigants who litigate in this court.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s September 6, 2011 and

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November 21, 2011 motions for appointment of counsel (Dckt. Nos. 37, 52) are denied.

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DATED: December 5, 2011.

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