Watts v. Ruggiero et al

Filing 28

ORDER signed by Magistrate Judge Allison Claire on 11/20/14 ORDERING that plaintiffs motions for the appointment of counsel (ECF Nos. 25 and 27 ) are DENIED.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY WATTS,

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No. 2:13-cv-1749 TLN AC P

Plaintiff,
v.

ORDER

M. RUGGIERO, et al.,
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. Palmer v. Valdez, 560 F.3d 965, 970 (9th

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Cir. 2009) (district court did not abuse discretion in declining to appoint counsel); Wilborn v.

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Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir.
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1983).
Circumstances common to most prisoners, such as lack of legal education and limited law

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library access, do not establish exceptional circumstances that would warrant a request for

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voluntary assistance of counsel. Plaintiff’s representation that he is an inmate who is classified as

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an E.O.P. (Enhanced Outpatient Program) in the prison’s mental health system does not rise to

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the level of an exceptional circumstance. Many prisoners who are able to proceed pro se in civil

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rights actions suffer from both mental and physical disabilities or limitations. Plaintiff has been

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able to frame colorable claims in a pro se complaint against a number of defendants. In the

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

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circumstances.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motions for the appointment of

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counsel (ECF Nos. 25 and 27) are denied.

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DATED: November 20, 2014

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