Anderson v. Virga et al

Filing 112

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/28/2019 DENYING 111 Request for the Appointment of Counsel and GRANTING 110 Motion for 60-Day Extension of Time to file pretrial statement. (Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ERIC ZACHARY ANDERSON,

12
13
14
15

No. 2:15-cv-1148-KJM-EFB P

Plaintiff,
v.

ORDER

TIM VIRGA, et al.,
Defendants.

16
17

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

18

U.S.C. § 1983. He requests appointment of counsel as well as a 60-day extension of time to file

19

pretrial statement pursuant to the court’s April 3, 2019 order.

20

District courts may authorize the appointment of counsel to represent an indigent civil

21

litigant in certain exceptional circumstances. See 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935

22

F.2d 1015, 1017 (9th Cir.1991); Wood v. Housewright, 900 F.2d 1332, 1335–36 (9th Cir.1990);

23

Richards v. Harper, 864 F.2d 85, 87 (9th Cir. 1988). In considering whether exceptional

24

circumstances exist, the court must evaluate (1) the plaintiff’s likelihood of success on the merits;

25

and (2) the ability of the plaintiff to articulate her claims pro se in light of the complexity of the

26

legal issues involved. Terrell, 935 F.2d at 1017. The court cannot conclude that plaintiff’s

27

likelihood of success, the complexity of the issues, or the degree of plaintiff’s ability to articulate

28

his claims amount to exceptional circumstances justifying the appointment of counsel at this time.

1
2

The court will however, grant plaintiff’s request for an extension of time.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the appointment of

3

counsel (ECF No. 111) is denied and his request for a 60-day extension of time to file his pretrial

4

statement (ECF No. 110) is granted.

5

DATED: May 28, 2019.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2