(PC) Ilsung v. Yarmolyuk ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 VICTORY ILSUNG, No. 2:20-cv-0033-EFB P 11 Plaintiff, 12 v. ORDER 13 YARMOLYUK, 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 appoint 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 to represent such a plaintiff. See 28 U.S.C. § 1915(e)(1); Terrell v. 21 Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th 22 Cir. 1990). When determining whether “exceptional circumstances” exist, the court must 23 consider the likelihood of success on the merits as well as the ability of the plaintiff to articulate 24 his claims pro se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 25 F.3d 965, 970 (9th Cir. 2009). Having considered those factors, the court finds there are no 26 exceptional circumstances in this case. 27 The court will, however, grant plaintiff an extension of time to file his amended complaint 28 pursuant to the court’s May 13, 2020 order. wOOe 2 CUVEE EP BP MMVVUPTOCII tt Pea Vette PAY eT 1 Accordingly, IT IS HEREBY ORDERED that plaintiffs request for the appointment of 2 || counsel (ECF No. 10) is denied. Plaintiff shall file his amended complaint within thirty days 3 | from the date of service of this order. 4 | DATED: June 11, 2020. Z ps oe 5 EDMUND F. BRENNAN 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28