(PC) Hill v. Newsom ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NATHAN HILL, No. 2:19-cv-01680 DJC AC P 12 Plaintiff, 13 v. ORDER 14 GAVIN NEWSOM, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff has been granted leave to proceed with this action in forma pauperis 19 pursuant to 28 U.S.C. § 1915. 20 On September 11, 2023, plaintiff filed a request for the appointment of counsel, a court- 21 appointed investigator, and a paralegal/executive assistant. ECF No. 91. The expenditure of 22 public funds on behalf of an indigent litigant is proper only when authorized by Congress. 23 Tedder v. Odel, 890 F.2d 210 (9th Cir. 1989). The in forma pauperis statute does not authorize 24 the expenditure of public funds for investigators and/or assistants. See 28 U.S.C. § 1915. 25 The United States Supreme Court has ruled that district courts lack authority to require 26 counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 27 U.S. 296, 298 (1989). In certain exceptional circumstances, the district court may request the 28 //// 1 || voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 2 | 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). 3 The test for exceptional circumstances requires the court to evaluate the plaintiff's 4 || likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in 5 || light of the complexity of the legal issues involved. See Wilborn v. Escalderon, 789 F.2d 1328, 6 | 1331 (9th Cir. 1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Circumstances 7 || common to most prisoners, such as lack of legal education and limited law library access, do not 8 | establish exceptional circumstances that would warrant a request for voluntary assistance of 9 || counsel. In the present case, the court does not find the required exceptional circumstances. 10 Accordingly, IT IS HEREBY ORDERED that plaintiffs request for the appointment of 11 || counsel, a court-appointed investigator, and a paralegal/executive assistant (ECF No. 91) is 12 | DENIED. 13 | DATED: September 14, 2023 14 Chttien— Clare ALLISON CLAIRE Id UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28