Juarez v. Butts et al

Filing 27

ORDER signed by Magistrate Judge Deborah Barnes on 3/24/2017 DENYING plaintiff's 26 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 under

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42 U.S.C. § 1983. Plaintiff alleges the discontinuation of his pain medication caused him to have

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a stroke. Before the court is plaintiff’s request for the appointment of counsel. (ECF No. 26.)

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Plaintiff contends he requires the appointment of counsel because he is unable to afford counsel,

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the issues in this case are complex, plaintiff has extremely limited access to the law library, and

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plaintiff been unsuccessful in finding an attorney to represent him.

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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

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

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light of the complexity of the legal issues involved. See Wilborn v. Escalderon, 789 F.2d 1328,

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1331 (9th Cir. 1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Circumstances

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

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establish exceptional circumstances that would warrant a request for voluntary assistance of

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counsel. In the present case, the court does not find the required exceptional circumstances.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s March 21, 2017 request for the

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appointment of counsel (ECF No. 26) is denied.

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Dated: March 24, 2017

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DLB:9
DLB1/prisoner-civil rights/ juar1996.31(2)

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