Washington v. Essex et al

Filing 76

ORDER denying 75 Motion to Appoint Counsel signed by Magistrate Judge Deborah Barnes on 06/15/17. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TRACYE BENARD WASHINGTON,

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No. 2:12-cv-3054 JAM DB

Plaintiff,

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v.

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C. ESSEX, et al.,

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ORDER

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. For the third time, plaintiff requests that the court appoint counsel. (ECF No. 75.)

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As plaintiff has been previously informed (see ECF Nos. 9; 35), district courts lack authority to

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require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States

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Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may

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request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer,

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935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir.

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1990). When determining whether “exceptional circumstances” exist, the court must consider the

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likelihood of success on the merits as well as the ability of the plaintiff to articulate his claims pro

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se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970

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(9th Cir. 2009).

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Having again considered those factors, the court still finds there are no exceptional
circumstances in this case. Additionally, plaintiff has successfully defeated both defendants’
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motions for summary judgment without the assistance of counsel. (See ECF No. 74.) This

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further confirms plaintiff’s ability to articulate his claims on a pro se basis.

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

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counsel (ECF No. 75) is denied.

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Dated: June 15, 2017

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TIM-DLB:10
DB / ORDERS / ORDERS.PRISONER.CIVIL RIGHTS / wash.3054.31

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