(PC) Puckett v. Lynch et al

Filing 44

ORDER signed by Magistrate Judge Sean C. Riordan on 11/22/2024 DENYING without prejudice 35 and 38 Motions to Appoint Counsel. (Woodson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DURRELL ANTHONY PUCKETT,

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No. 2:23-cv-0903 KJM SCR P

Plaintiff,
v.

ORDER

JEFF LYNCH, et al.,
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 under 28 U.S.C.

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§1915 to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United

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States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request

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an attorney to voluntarily represent such a plaintiff. See 28 U.S.C. § 1915(e)(1); Terrell v.

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Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36

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(9th Cir. 1990). When determining whether “exceptional circumstances” exist, the court must

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consider plaintiff’s likelihood of success on the merits as well as the ability of the plaintiff to

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articulate his claims pro se in light of the complexity of the legal issues involved. Palmer v.

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Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (district court did not abuse discretion in declining to

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appoint counsel). The burden of demonstrating exceptional circumstances is on the plaintiff. Id.

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Circumstances common to most prisoners, such as lack of legal education and limited law library
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access, do not establish exceptional circumstances that warrant a request for voluntary assistance

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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 requests for the appointment of
counsel (ECF Nos. 35, 38) are denied without prejudice.

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Dated: November 22, 2024

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