Turk v. Pfile, et al

Filing 26

ORDER signed by Magistrate Judge Deborah Barnes on 2/17/17 DENYING 24 Motion to Appoint Counsel. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALLEN R. TURK,

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No. 2:14-cv-2186 KJM DB P

Plaintiff,
v.

ORDER

ASHLEY PFILE, et al.,
Defendants.

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Plaintiff has requested the appointment of counsel. He states he requires the assistance of

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counsel to obtain evidence in order to file objections to the undersigned’s findings and

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recommendation that defendants' summary judgment motion be granted and because the law

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library is inadequate.

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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 likelihood of

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

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complexity of the legal issues involved. See Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th
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Cir. 1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Circumstances common to

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most prisoners, such as lack of legal education and limited law library access, do not establish

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exceptional circumstances that would warrant a request for voluntary assistance of counsel.

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Plaintiff had several months to conduct any discovery and several additional months after

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he received defendants' summary judgment motion to obtain any documents necessary to oppose

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that motion. Plaintiff does not make a showing of exceptional circumstances justifying the

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appointment of counsel. Further, the court does not independently find the required exceptional

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circumstances.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the appointment of

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counsel (ECF No. 24) is denied.

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Dated: February 17, 2017

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DLB:9
DLB1/prisoner-civil rights/turk2186.31

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