(PC) Windham v. State of California ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 CHARLES WINDHAM, No. 2:20-cv-0773 TLN DB P 11 Plaintiff, 12 v. ORDER 13 STATE OF CALIFORNIA, et al., 14 Defendants. 15 16 17 Plaintiff has requested an extension of time to file a third amended complaint. Good 18 cause appearing, plaintiff’s request will be granted. 19 Plaintiff has also requested a limited appointment of counsel to help him prepare a third 20 amended complaint. 21 The United States Supreme Court has ruled that district courts lack authority to require 22 counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 23 U.S. 296, 298 (1989). In certain exceptional circumstances, the district court may request the 24 voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 25 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). 26 The test for exceptional circumstances requires the court to evaluate the plaintiff’s 27 likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in 28 light of the complexity of the legal issues involved. See Wilborn v. Escalderon, 789 F.2d 1328, 1 1331 (9th Cir. 1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Circumstances 2 || common to most prisoners, such as lack of legal education and limited law library access, do not 3 | establish exceptional circumstances that would warrant a request for voluntary assistance of 4 | counsel. Inthe present case, plaintiff states only that he requires counsel due to “ongoing 5 | misconduct at this facility by rogue staff and inmates.” Plaintiff does not explain that allegation 6 | any further. The court does not find the required exceptional circumstances for the appointment 7 | of counsel. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. Plaintiff’s motion for an extension of time (ECF No. 18) is granted; 10 2. Plaintiff is granted sixty days from the date of this order in which to file a third 11 || amended complaint; and 12 3. Plaintiff’s motion for the appomtment of counsel (ECF No. 18) is denied. 13 | Dated: November 2, 2020 14 15 16 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 17 18 19 20 DB prisoner-civi rights/wind0773.36amc+31 21 22 23 24 25 26 27 28