(PC) Zulu v. Covello ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MAJESTIC ZULU, No. 2:21-cv-0525 CKD P 12 Plaintiff, 13 v. ORDER 14 COVELLO, et al., 15 Defendants. 16 17 Plaintiff has requested the appointment of counsel. District courts lack authority to 18 require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States 19 Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request an 20 attorney to voluntarily represent such a plaintiff. See 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 21 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 22 1990). When determining whether “exceptional circumstances” exist, the court must consider 23 plaintiff’s likelihood of success on the merits as well as the ability of the plaintiff to articulate his 24 claims pro se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 25 965, 970 (9th Cir. 2009) (district court did not abuse discretion in declining to appoint counsel). 26 The burden of demonstrating exceptional circumstances is on the plaintiff. Id. Circumstances 27 common to most prisoners, such as lack of legal education and limited law library access, do not 28 establish exceptional circumstances that warrant a request for voluntary assistance of counsel. 1 Having considered the factors under Palmer, the court finds that plaintiff has failed to 2 || meet his burden of demonstrating exceptional circumstances warranting the appointment of 3 || counsel at this time. 4 Additionally, plaintiff has filed a motion for extension of time to file a motion to proceed 5 | in forma pauperis or pay the filing fee. Good cause appearing, that request will be granted. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Plaintiff’s request for the appointment of counsel (ECF No. 10) is denied; 8 2. Plaintiff’s motion for an extension of time (ECF No. 10) is granted; 9 3. Plaintiff is granted thirty days from the date of this order in which to file a motion to 10 | proceed in forma pauperis. Failure tocomply with this order will result in a recommendation that 11 | this action be dismissed. 12 | Dated: April 16, 2021 CA rd fe f la— 13 CAROLYN K. DELANEY) 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 | 1h zulu0525 31436 18 19 20 21 22 23 24 25 26 27 28