McClintock v. Colosimo, et al

Filing 29

ORDER signed by Magistrate Judge Dale A. Drozd on 7/29/2014 DENYING 27 Motion to Appoint Counsel. (Michel, G)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOHN MCCLINTOCK,

12
13
14
15

No. 2:13-cv-0264 TLN DAD P

Plaintiff,
v.

ORDER

COLOSIMO, et al.,
Defendants.

16
17
18
19

Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested
appointment of counsel.
The United States Supreme Court has ruled that district courts lack authority to require

20

counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490

21

U.S. 296, 298 (1989). In certain exceptional circumstances, the district court may request the

22

voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d

23

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

27

1331 (9th Cir. 1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Circumstances

28

common to most prisoners, such as lack of legal education and limited law library access, do not
1

1

establish exceptional circumstances that would warrant a request for voluntary assistance of

2

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

3

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

4

counsel (Doc. No. 27) is denied.

5

Dated: July 29, 2014

6
7
8
9

DAD:9:mp
mccl0264.31

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2