Jones v. Jaffe et al
Filing
22
ORDER denying 21 Motion to Appoint Counsel signed by Magistrate Judge Dale A. Drozd on 10/24/12. (Plummer, M)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
HENRY A. JONES,
Plaintiff,
11
12
vs.
13
No. 2:11-cv-2049 LKK DAD P
DR. JAFFE, et al.,
14
Defendants.
/
15
16
17
ORDER
Plaintiff, a state prisoner proceeding pro se with a civil rights action, has
requested appointment of counsel.
18
The United States Supreme Court has ruled that district courts lack authority to
19
require counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist.
20
Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the district court may
21
request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v.
22
Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36
23
(9th Cir. 1990).
24
The test for exceptional circumstances requires the court to evaluate the plaintiff’s
25
likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in
26
light of the complexity of the legal issues involved. See Wilborn v. Escalderon, 789 F.2d 1328,
1
1
1331 (9th Cir. 1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Circumstances
2
common to most prisoners, such as lack of legal education and limited law library access, do not
3
establish exceptional circumstances that would warrant a request for voluntary assistance of
4
counsel. In the present case, the court does not find the required exceptional circumstances at
5
this time.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s October 15, 2012,
6
7
motion for appointment of counsel (Docket No. 21) is DENIED.
8
DATED: October 24, 2012.
9
10
11
12
13
14
DAD:dpw
jone2049.31
15
16
17
18
19
20
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?