(PC) Parks v. Abdur-Rahman ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 KENNETH WAYNE PARKS, No. 2:19-cv-1589-KJM-EFB P 11 Plaintiff, 12 v. ORDER 13 SALAHUDDIN ABDUR-RAHMAN, et al., 14 Defendants. 15 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. He requests that the court reconsider its denial of his motion to appoint counsel. 18 ECF No. 30. As the court’s prior order informed plaintiff, district courts lack authority to require 19 counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. 20 Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request an attorney 21 to voluntarily to represent such a plaintiff. See 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935 22 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). 23 When determining whether “exceptional circumstances” exist, the court must consider the 24 likelihood of success on the merits as well as the ability of the plaintiff to articulate his claims pro 25 se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970 26 (9th Cir. 2009). Having considered those factors, the court again finds there are no exceptional 27 circumstances in this case. 28 wOASe 2 LDU ING VEE MVOC Oo Pa ete PAY eT 1 Accordingly, IT IS HEREBY ORDERED that plaintiffs request for reconsideration of his 2 || motion for appointment of counsel (ECF No. 30) is denied. 3 | DATED: May 21, 2020. 4 Dating : heh bie 5 EDMUND F. BRENNAN ‘ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28