Villacres v. California Department of Corrections & Rehabilitation et al

Filing 14

ORDER signed by Magistrate Judge Craig M. Kellison on 12/30/13 denying 3 Motion to Appoint Counsel. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES D. VILLACRES,

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No. 2:13-cv-1112-LKK-CMK-P

Plaintiff,
vs.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS & REHABILITATION, et al.

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Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42
U.S.C. § 1983.
Plaintiff seeks the appointment of counsel. The United States Supreme Court has

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ruled that district courts lack authority to require counsel to represent indigent prisoners in

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§ 1983 cases. See Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain

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exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to

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28 U.S.C. § 1915(e)(1). See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v.

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Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). A finding of “exceptional

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circumstances” requires an evaluation of both the likelihood of success on the merits and the

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ability of the plaintiff to articulate his claims on his own in light of the complexity of the legal
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issues involved. See Terrell, 935 F.2d at 1017. Neither factor is dispositive and both must be

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viewed together before reaching a decision. See id.

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In the present case, the court does not at this time find the required exceptional

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circumstances. Specifically, the undersigned has issued findings and recommendations that this

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action be dismissed for failure to state a cognizable claim. As such, there is no likelihood of

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success on the merits, and therefore plaintiff’s request for the appointment of counsel should be

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denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the
appointment of counsel (Doc. 3) is denied.

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DATED: December 30, 2013
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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