Peck v. Blanks et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/14/2017 DENYING without prejudice plaintiff's 21 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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ROY AUBURN PECK, III,
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Plaintiff,
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v.
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No. 2:17-cv-0430 JAM KJN P
HOPKINS, et al.,
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ORDER
Defendants.
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Plaintiff is a state prisoner proceeding pro se in an action brought under 42 U.S.C. § 1983.
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Plaintiff requests that the court appoint counsel. District courts lack authority to require counsel
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to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490
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U.S. 296, 298 (1989). In exceptional circumstances, the court may request an attorney to
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voluntarily represent such a plaintiff. See 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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When determining whether “exceptional circumstances” exist, the court must consider plaintiff’s
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likelihood of success on the merits as well as the ability of the plaintiff to articulate his claims pro
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se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970
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(9th Cir. 2009) (district court did not abuse discretion in declining to appoint counsel). The
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burden of demonstrating exceptional circumstances is on the plaintiff. Id. 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 warrant a request for voluntary assistance of counsel.
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Having considered the factors under Palmer, the court finds that plaintiff has failed to
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meet his burden of demonstrating exceptional circumstances warranting the appointment of
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counsel at this time.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for the appointment of
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counsel (ECF No. 21) is denied without prejudice.
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Dated: September 14, 2017
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/peck0430.31(2)
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