Hardy v. Davis et al

Filing 41

ORDER denying 39 Motion to Appoint Counsel signed by Magistrate Judge Dale A. Drozd on 03/21/15. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KRISTIN HARDY,

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No. 2:13-cv-0726 JAM DAD P

Plaintiff,

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v.

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C. DAVIS, et al.,

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ORDER

Defendants.

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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

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

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

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

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1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990).

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The test for exceptional circumstances requires the court to evaluate the plaintiff’s

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likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in

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light of the complexity of the legal issues involved. See Wilborn v. Escalderon, 789 F.2d 1328,

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

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common to most prisoners, such as lack of legal education and limited law library access, do not
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establish exceptional circumstances that would warrant a request for voluntary assistance of

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counsel.

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By order filed April 23, 2013, the court denied plaintiff’s previous request for

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appointment of counsel. (ECF No. 4.) Plaintiff fails to demonstrate that any exceptional

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circumstances justifying appointment of counsel have arisen in the interim

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s March 9, 2015 motion for the

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appointment of counsel (ECF No. 39) is denied.

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Dated: March 21, 2015

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DAD:10/md
hard0726.31.2nd

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