Juarez v. Butts et al

Filing 21

ORDER signed by Magistrate Judge Deborah Barnes on 11/9/2016 DENYING plaintiff's 16 request for the appointment of counsel. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE JUAREZ,

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No. 2:15-cv-1996 JAM DB P
Plaintiff,

v.

ORDER

CARMEN BUTTS, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed

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pursuant to 42 U.S.C. § 1983. Plaintiff moves for the appointment of counsel on the grounds that

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his imprisonment, limited access to the law library, and limited legal knowledge will affect his

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ability to litigate this action.

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District courts lack authority to require counsel to represent indigent prisoners in section

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1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional

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circumstances, the court may request an attorney to voluntarily represent such a plaintiff. See 28

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U.S.C. § 1915(e)(1).

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Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). When determining whether “exceptional

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circumstances” exist, the court must consider plaintiff’s likelihood of success on the merits as

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well as the ability of the plaintiff to articulate his claims pro se in light of the complexity of the

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legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (district court did not

Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v.

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abuse discretion in declining to appoint counsel). The burden of demonstrating exceptional

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circumstances is on the plaintiff. Id. Circumstances common to most prisoners, such as lack of

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legal education and limited law library access, do not establish exceptional circumstances that

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warrant a request for voluntary assistance of counsel. Having considered the factors under

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Palmer, the court finds that plaintiff has failed to meet his burden of demonstrating exceptional

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circumstances warranting the appointment of counsel at this time.

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

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counsel (ECF No. 16) is denied.

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Dated: November 9, 2016

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/DLB7;juar1996.31

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