Espey v. Deuel Vocational Institution
Filing
13
ORDER signed by Magistrate Judge Kendall J. Newman on 11/13/13 ORDERING that Plaintiffs motion for the appointment of counsel 8 is denied without prejudice; Plaintiffs motion for an extension of time 12 is granted; plaintiffs complaint and in forma pauperis application shall be filed within thirty days of the date of this order. (Dillon, M)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
FLOYD JOSEPH ESPEY,
12
13
14
15
16
No. 2:13-cv-2147 KJN P
Plaintiff,
v.
ORDER
DEUEL VOACATIONAL
INSTITUTION,
Defendant.
17
18
Plaintiff is a state prisoner proceeding pro se in an action brought under 42 U.S.C. § 1983.
19
Plaintiff requests that the court appoint counsel. District courts lack authority to require counsel
20
to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490
21
U.S. 296, 298 (1989). In exceptional circumstances, the court may request an attorney to
22
voluntarily to represent such a plaintiff. See 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
When determining whether “exceptional circumstances” exist, the court must consider plaintiff’s
25
likelihood of success on the merits as well as the ability of the plaintiff to articulate his claims pro
26
se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970
27
(9th Cir. 2009) (district court did not abuse discretion in declining to appoint counsel). The
28
burden of demonstrating exceptional circumstances is on the plaintiff. Id. Circumstances
1
1
common to most prisoners, such as lack of legal education and limited law library access, do not
2
establish exceptional circumstances that warrant a request for voluntary assistance of counsel.
3
Having considered the factors under Palmer, the court finds that plaintiff has failed to
4
meet his burden of demonstrating exceptional circumstances warranting the appointment of
5
counsel at this time.
6
Plaintiff has also filed a motion for an extension of time to file a complaint and in forma
7
pauperis application, as ordered by the court on October 21, 2013. Good cause appearing, this
8
motion is granted.
9
10
Accordingly, IT IS HEREBY ORDERED that:
1.
11
12
Plaintiff’s motion for the appointment of counsel (ECF No. 8) is denied without
prejudice;
2. Plaintiff’s motion for an extension of time (ECF No. 12) is granted; plaintiff’s
13
complaint and in forma pauperis application shall be filed within thirty days of the
14
date of this order.
15
Dated: November 13, 2013
16
17
espe2147.31
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?