(PC) Patton v. Denberg et al

Filing 6

ORDER signed by Magistrate Judge Sean C. Riordan on 11/22/2024 DENYING 3 Motion to Appoint Counsel without prejudice. (Lopez, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL PATTON,

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Plaintiff,

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v.

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DENBERG, et al.,

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No. 2:24-cv-2982 SCR P

ORDER

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 asks the court to appoint counsel. District courts lack authority under 28 U.S.C. § 1915

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

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

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

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

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1990). When determining whether “exceptional circumstances” exist, the court must consider

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

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claims pro se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d

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965, 970 (9th Cir. 2009) (district court did not abuse discretion in declining to appoint counsel).

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The burden of demonstrating exceptional circumstances is on the plaintiff. Id. 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 warrant a request for voluntary assistance of counsel.
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In the present case, the court has not yet screened plaintiff’s complaint so has not

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determined whether there is a likelihood plaintiff may succeed on the merits. Therefore,

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plaintiff’s motion for the appointment of counsel is premature.

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

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counsel (ECF No. 3) is denied without prejudice.

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Dated: November 22, 2024

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