(PC)Watkins v. Lynch et al

Filing 8

ORDER signed by Magistrate Judge Deborah Barnes on 11/18/2020 DENYING plaintiff's 7 motion for the appointment of counsel. (Yin, K)

Case 2:20-cv-01360-DB Document 8 Filed 11/18/20 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAURICE WATKINS,

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No. 2:20-cv-1360 DB P

Plaintiff,
v.

ORDER

JEFF LYNCH, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action 42 U.S.C. §1983.

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Plaintiff claims officers failed to protect him in violation of his Eighth Amendment. Presently

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before the court is plaintiff’s motion for the appointment of counsel. (ECF No. 7.)

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In support of his motion plaintiff argues counsel should be appointed because he cannot

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afford counsel, his imprisonment will interfere with his ability to litigate this case, and he has

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attempted to obtain counsel on his own.

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The United States Supreme Court has ruled that district courts lack authority to require

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counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490

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U.S. 296, 298 (1989). In certain exceptional circumstances, the district court may request the

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voluntary assistance of counsel pursuant to 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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The test for exceptional circumstances requires the court to evaluate the plaintiff’s

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likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in
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Case 2:20-cv-01360-DB Document 8 Filed 11/18/20 Page 2 of 2
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light of the complexity of the legal issues involved. See Wilborn v. Escalderon, 789 F.2d 1328,

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1331 (9th Cir. 1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). 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 would warrant a request for voluntary assistance of

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counsel.

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In the present case, the court does not find the required exceptional circumstances.

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Plaintiff’s arguments amount to nothing more than circumstances common to most prisoners.

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Therefore, the court will deny the motion without prejudice.

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

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counsel (ECF No. 7) is denied.

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Dated: November 18, 2020

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DB:12
DB:1/Orders/Prisoner.Civil.Rights/watk1360.31

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