(PC) Ruiz v. Woodfill et al
Filing
10
ORDER signed by Magistrate Judge Allison Claire on 3/31/2020 DENYING plaintiff's 9 request for the appointment of counsel. (Yin, K)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
ROGELIO MAY RUIZ,
12
13
14
15
No. 2:20-cv-0205 KJM AC P
Plaintiff,
v.
ORDER
D. WOODFILL, et al.,
Defendants.
16
17
Plaintiff has requested the appointment of counsel. ECF No. 9. The United States
18
Supreme Court has ruled that district courts lack authority to require counsel to represent indigent
19
prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In
20
certain exceptional circumstances, the district court may request the voluntary assistance of
21
counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.
22
1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990).
23
“When determining whether ‘exceptional circumstances’ exist, a court must consider ‘the
24
likelihood of success on the merits as well as the ability of the [plaintiff] to articulate his claims
25
pro se in light of the complexity of the legal issues involved.’” Palmer v. Valdez, 560 F.3d 965,
26
970 (9th Cir. 2009) (quoting Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983)). The burden
27
of demonstrating exceptional circumstances is on the plaintiff. Id. Circumstances common to
28
most prisoners, such as lack of legal education and limited law library access, do not establish
1
1
exceptional circumstances that would warrant a request for voluntary assistance of counsel.
2
In this case, plaintiff has been denied leave to proceed in forma pauperis, ECF No. 8, and
3
has yet to pay the filing fee. Since this case will not proceed until plaintiff has paid the filing fee,
4
appointment of counsel is not warranted.
5
Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for the appointment of
6
counsel is denied.
7
DATED: March 31, 2020
8
9
10
11
12
13
14
15
16
17
18
19
20
21
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?