Brownlee v. Jones et al
Filing
29
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/11/2018 DENYING 27 request for the appointment of counsel; and DENYING plaintiff's 27 request for an investigator, large print materials, and phone access. (Yin, K)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
BENJAMIN JUSTIN BROWNLEE,
12
13
14
15
No. 2:17-cv-0872 CKD P
Plaintiff,
v.
ORDER
SCOTT JONES, et al.,
Defendants.
16
17
Plaintiff is a state prisoner proceeding pro se in an action brought under 42 U.S.C.
18
§ 1983. Plaintiff requests that the court appoint counsel. District courts lack authority to require
19
counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist.
20
Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request an attorney
21
to voluntarily represent such a plaintiff. See 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d
22
1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990).
23
When determining whether “exceptional circumstances” exist, the court must consider plaintiff’s
24
likelihood of success on the merits as well as the ability of the plaintiff to articulate his claims pro
25
se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970
26
(9th Cir. 2009) (district court did not abuse discretion in declining to appoint counsel). The
27
burden of demonstrating exceptional circumstances is on the plaintiff. Id. Circumstances
28
common to most prisoners, such as lack of legal education and limited law library access, do not
1
1
2
establish exceptional circumstances that warrant a request for voluntary assistance of counsel.
Having considered the factors under Palmer, the court finds that plaintiff has failed to
3
meet his burden of demonstrating exceptional circumstances warranting the appointment of
4
counsel at this time.
5
Plaintiff has also requested a court-appointed investigator, large print material, and phone
6
access. The expenditure of public funds on behalf of an indigent litigant is proper only when
7
authorized by Congress. Tedder v. Odel, 890 F.2d 210 (9th Cir. 1989). The in forma pauperis
8
statute does not authorize the expenditure of public funds for investigators or the other requested
9
items. See 28 U.S.C. § 1915.
10
Accordingly, IT IS HEREBY ORDERED that:
11
1. Plaintiff’s request for the appointment of counsel (ECF No. 27) is denied; and
12
2. Plaintiff’s request for an investigator, large print materials, and phone access (ECF No.
13
27) is also denied.
14
Dated: April 11, 2018
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
15
16
17
18
19
20
21
12/brow0872.31(2)
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?