Valenzuela v. CSP Sacramento et al

Filing 33

ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/21/17 ordering that plaintiff's request for the appointment of counsel 32 is denied. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SANTOS VALENZUELA, 12 Plaintiff, 13 14 15 16 v. No. 2:16-cv-1814 CKD P ORDER CALIFORNIA STATE PRISON SACRAMENTO, et al., Defendants. 17 18 Plaintiff is a state prisoner proceeding pro se in an action brought under 42 U.S.C. § 1983. 19 Plaintiff requests that the court appoint counsel. District courts lack authority to require counsel 20 to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 21 U.S. 296, 298 (1989). In exceptional circumstances, the court may request an attorney to 22 voluntarily represent such a plaintiff. See 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 23 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). 24 When determining whether “exceptional circumstances” exist, the court must consider plaintiff’s 25 likelihood of success on the merits as well as the ability of the plaintiff to articulate his claims pro 26 se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970 27 (9th Cir. 2009) (district court did not abuse discretion in declining to appoint counsel). The 28 burden of demonstrating exceptional circumstances is on the plaintiff. Id. Circumstances 1 1 common to most prisoners, such as lack of legal education and limited law library access, do not 2 establish exceptional circumstances that warrant a request for voluntary assistance of counsel. 3 Having considered the factors under Palmer, the court finds that plaintiff has failed to 4 meet his burden of demonstrating exceptional circumstances warranting the appointment of 5 counsel at this time. 6 Good cause appearing, IT IS HEREBY ORDERED that plaintiff’s request for the 7 appointment of counsel (ECF No. 32) is denied. 8 Dated: August 21, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 1 vale1814.36 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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