Humes v. Sessions

Filing 15

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/1/2019 DENYING plaintiff's 14 request for 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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JON HUMES,

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No. 2:17-cv-2608-EFB P
Plaintiff,

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v.

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JEFF SESSIONS,

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ORDER

Defendant.

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Plaintiff is a pretrial detainee at the Sacramento County Mail Jail. He proceeds without

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counsel in this civil action brought under 42 U.S.C. § 1983. He requests that the court appoint

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counsel. District courts lack authority to require counsel to represent indigent prisoners in section

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1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional

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circumstances, the court may request an attorney to voluntarily to represent such a plaintiff. See

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28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v.

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Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). When determining whether “exceptional

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circumstances” exist, the court must consider the likelihood of success on the merits as well as the

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ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues

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involved. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). Having considered those factors,

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the court finds there are no exceptional circumstances in this case.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for appointment of

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counsel (ECF No. 14) is denied.

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DATED: April 1, 2019.

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