Juarez v. Butts et al

Filing 84

ORDER signed by Magistrate Judge Deborah Barnes on 11/13/18 DENYING 83 Motion to Appoint Counsel and GRANTING 82 Motion for Extension. Plaintiff is GRANTED 30 days from the date of this order to file and serve his objections.(Coll, A)

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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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Plaintiff,

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

v.

ORDER

M. HLAING, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested

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appointment of counsel and an extension of time to file objections to the Findings and

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Recommendations filed October 26, 2018. Plaintiff contends he requires the appointment of

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counsel because his disability makes completing legal work difficult. (ECF No. 83.) He further

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contends that his limited access to the ADA-compliant computer in the library has slowed his

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ability to meet the court deadline for filing objections to the Findings and Recommendations.

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(ECF No. 82.)
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. If

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plaintiff requires additional time to meet deadlines due to his disability, he may seek extensions

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of time, as he has done here.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for the appointment of counsel (ECF No. 83) is denied.

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2. Plaintiff’s motion for an extension of time (ECF No. 82) is granted; and

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3. Plaintiff is granted thirty days from the date of this order in which to file and serve his

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objections.
Dated: November 13, 2018

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DLB:9
DB/prisoner-civil rights/juar1996.31+36obj

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