(PC) Kayik v. Saucedo ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERHAN KAVIK, No. 2:21-cv-1401 CKD P 12 Plaintiff, 13 v. ORDER 14 E. SAUCEDO, 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 Plaintiff also requests an extension of time to file an amended complaint. Good cause 5 || 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. 13) is denied. 8 2. Plaintiff's motion for an extension of time (ECF No. 13) is granted. 9 3. Plaintiff is granted thirty days from the date of this order in which to file an amended 10 complaint. Failure to file an amended complaint within thirty days will result in a 11 recommendation that this action be dismissed. 12 | Dated: April 13, 2022 / a □□ / a Ly a 13 CAROLYN K DELANEY 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 || 1/mp kavil 401.314+36 18 19 20 21 22 23 24 25 26 27 28