(PC) Richard v. Aldridge ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 CRAIG RICHARD, No. 2:19-cv-2006 TLN DB P 11 Plaintiff, 12 v. ORDER 13 L. ALDRIDGE, Warden, 14 Defendant. 15 16 Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested 17 appointment of counsel or “guardian aid.” Plaintiff states he suffers from multiple conditions 18 including legal blindness and mental illness and has relied on prisoner assistance to prosecute this 19 case. Plaintiff states his conditions would make it difficult for him to present evidence at trial. 20 Plaintiff requests a competency hearing for the purpose of appointment of a guardian ad 21 litem under Federal Rule of Civil Procedure 17(c). A court must appoint a guardian ad litem, or 22 issue another appropriate order, to protect a minor or an incompetent person who is unrepresented 23 in an action. Fed. R. Civ. P. 17(c)(2). However, in this case, plaintiff does not show a “substantial 24 question” exists regarding his mental competence such that a hearing would be warranted. See 25 Allen v. Calderon, 408 F.3d 1150 (9th Cir. 2005). 26 Plaintiff also requests appointment of counsel. The United States Supreme Court has ruled 27 district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. 28 Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional 1 || circumstances, the district court may request the voluntary assistance of counsel pursuant to 28 2 | U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. 3 || Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). 4 The test for exceptional circumstances requires the court to evaluate the plaintiff's 5 || likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in 6 || light of the complexity of the legal issues involved. See Wilborn v. Escalderon, 789 F.2d 1328, 7 1331 (9th Cir. 1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Circumstances 8 || common to most prisoners, such as lack of legal education and limited law library access, do not 9 | establish exceptional circumstances that would warrant a request for voluntary assistance of 10 | counsel. In the present case, the court does not find the required exceptional circumstances. 11 Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for appointment of 12 | counsel or guardian aid (ECF No. 69) is denied without prejudice. 13 || Dated: February 17, 2022 15 16 ‘BORAH BARNES DLBT UNITED STATES MAGISTRATE JUDGE 17 || rich2006.31 18 19 20 21 22 23 24 25 26 27 28