(PC) Epps v. Archie ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT EPPS, No. 2:23-cv-00135-DAD-EFB (PC) 12 Plaintiff, 13 v. ORDER 14 ARCHIE, 15 Defendant. 16 17 18 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 19 U.S.C. § 1983. He requests that the court appoint counsel. ECF No. 29. 20 District courts lack authority to require counsel to represent indigent prisoners in section 21 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional 22 circumstances, the court may request an attorney to voluntarily to represent such a plaintiff. See 23 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. 24 Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). When determining whether “exceptional 25 circumstances” exist, the court must consider the likelihood of success on the merits as well as the 26 ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues 27 involved. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). 28 1 Having considered those factors, the court finds there are no exceptional circumstances in 2 | this case. Plaintiff states that he has schizoaffective disorder with auditory hallucinations, facial 3 | dyskinesia, “slur,” pressured speech, and difficulty finding words. According to plaintiff, he has 4 | “less than average intelligence” and is “impaired” from his prescription medications. To justify 5 || appointment of counsel based on health limitations, a plaintiff must present evidence 6 | documenting those limitations as well as evidence that the limitations significantly impair the 7 | plaintiff's ability to litigate the case. Brown v. Reif, No. 2:18-cv-01088 KJM CKD P, 2019 □□□□ 8 || Dist. LEXIS 33310, at *6-8 (E.D. Cal. Mar. 1, 2019) (and cases cited therein). Plaintiff has not 9 | presented any evidence substantiating his claims of impairment. 10 Accordingly, IT IS HEREBY ORDERED that plaintiffs request for appointment of 11 | counsel (ECF No. 29) is denied without prejudice. Lr 13 | Dated: December 15, 2023 Zo LPM ot LACH 14 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28