Bouie v. Willox et al

Filing 70

ORDER signed by Magistrate Judge Allison Claire on 10/14/2020 DENYING plaintiff's 69 motion 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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DIRK JA’ONG BOUIE, Jr.,

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No. 2:16-cv-0624 JAM AC P

Plaintiff,
v.

ORDER

R. WILLOX, 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. Plaintiff appears to be requesting relief from the Ninth Circuit regarding

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an appeal of the judgment in the instant action. ECF No. 69. Plaintiff previously requested and

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received an extension of time to file a notice of appeal, (ECF Nos. 67 & 68), but has not yet filed

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a notice of appeal.

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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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Moreover, any motion for appointment of counsel on appeal should be directed to the
Court of Appeals.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for the appointment of

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counsel (ECF No. 69) is denied.

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DATED: October 14, 2020

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