(PC) Kendrid v. Forester ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FORREST KENDRID, No. 2:18-cv-0112-EFB P 12 Plaintiff, 13 v. ORDER 14 B. FORESTER, et al., 15 Defendants. 16 17 Plaintiff is a civil detainee proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. He has again requested the appointment of counsel. ECF No. 22. 19 As plaintiff has been previously informed, see ECF No. 13, district courts lack authority to 20 require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States 21 Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request an 22 attorney to voluntarily to represent such a plaintiff. See 28 U.S.C. § 1915(e)(1); Terrell v. 23 Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th 24 Cir. 1990). When determining whether “exceptional circumstances” exist, the court must 25 consider the likelihood of success on the merits as well as the ability of the plaintiff to articulate 26 his claims pro se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 27 F.3d 965, 970 (9th Cir. 2009). Having considered those factors, the court finds there are no 28 exceptional circumstances in this case. 1 Accordingly, plaintiff’ s request for appointment of counsel (ECF No. 22) is denied. 2 | Dated: August 6, 2019. tid, PDEA 4 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28