Williams v. Swarthout et al

Filing 31

ORDER denying 30 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 04/11/13. (Plummer, 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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MARIO A. WILLIAMS,
Plaintiff,

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No. 2:11-cv-1687 LKK AC (P)

vs.
GARY SWARTHOUT, et al.,
Defendants.

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

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Court has ruled that district courts lack authority to require counsel to represent indigent

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

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

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circumstances. Plaintiff has been able to articulate his claims, and any difficulty plaintiff

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currently claims, such as the need to conduct discovery, is not derived from the complexity of

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the issues involved. See Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986).
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Plaintiff argues that he may experience retaliation on account of his lawsuit, that

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the case may be tried to a jury, or that he may need expert testimony. See ECF No. 30 at 3-4.

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Because plaintiff’s arguments are speculative, they are currently insufficient to warrant the relief

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requested. However, the court will deny the motion without prejudice to renewal at a later date,

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in case plaintiff’s circumstances change.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the

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appointment of counsel (Docket No. 30) is denied without prejudice to renewal at a later stage in

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the proceedings.

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DATED: April 11, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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AC:rb

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will1687.31

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