Calhoun v. Gomez et al

Filing 55

ORDER denying 54 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 06/16/14. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMONT L. CALHOUN,

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No. 2:12-cv-2856-GEB-EFB P

Plaintiff,
v.

ORDER

M. GOMEZ, et al.,

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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 once again requests that the court appoint counsel. As plaintiff was

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previously informed, see ECF No. 50, district courts lack authority to require counsel to represent

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indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298

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(1989). In exceptional circumstances, the court may request an attorney to voluntarily to

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represent such a plaintiff. See 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935 F.2d 1015, 1017

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(9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). When

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determining whether “exceptional circumstances” exist, the court must consider the likelihood of

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

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the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009).

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Having again considered those factors, the court still finds there are no exceptional circumstances

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in this case.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for appointment of

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counsel (ECF No. 54) is denied.

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DATED: June 16, 2014.

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