Giraldes v. Oania, et al.
Filing
137
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/21/2018 DENYING 136 Request for Appointment of Counsel. (Henshaw, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LARRY GIRALDES,
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No. 2:14-cv-726-JAM-EFB P
Plaintiff,
v.
ORDER
OANIA, et al.,
Defendants.
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
U.S.C. § 1983. He has again requested that the court appoint counsel. ECF No. 136.
As plaintiff has been previously informed (ECF Nos. 19, 36, 93, 109), district courts lack
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authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v.
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United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may
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request an attorney to voluntarily to represent such a plaintiff. See 28 U.S.C. § 1915(e)(1);
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Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332,
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1335-36 (9th Cir. 1990). When determining whether “exceptional circumstances” exist, the court
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must consider the likelihood of success on the merits as well as the ability of the plaintiff to
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articulate his claims pro se in light of the complexity of the legal issues involved. Palmer v.
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Valdez, 560 F.3d 965, 970 (9th Cir. 2009). Having considered those factors, the court still finds
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there are no exceptional circumstances in this case.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for appointment of
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counsel (ECF No. 136) is denied.
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DATED: May 21, 2018.
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