(PC) Mitchell v. CDCR ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD MITCHELL, No. 2:22-cv-2232 DJC CKD P 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA DEPARTMENT OF CORRECTIONS AND 15 REHABILITATION, et al. 16 Defendants. 17 18 Plaintiff is a state prisoner proceeding pro se in an action brought under 42 U.S.C. § 1983. 19 Plaintiff requests that the court appoint counsel. District courts lack authority to require counsel 20 to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 21 U.S. 296, 298 (1989). In exceptional circumstances, the court may request an attorney to 22 voluntarily represent such a plaintiff. See 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 23 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). 24 When determining whether “exceptional circumstances” exist, the court must consider plaintiff’s 25 likelihood of success on the merits as well as the ability of the plaintiff to articulate his claims pro 26 se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970 27 (9th Cir. 2009) (district court did not abuse discretion in declining to appoint counsel). The 28 burden of demonstrating exceptional circumstances is on the plaintiff. Id. Circumstances 1 | common to most prisoners, such as lack of legal education and limited law library access, do not 2 || establish exceptional circumstances that warrant a request for voluntary assistance of counsel. 3 Having considered the factors under Palmer, the court finds that plaintiff has failed to 4 | meet his burden of demonstrating exceptional circumstances warranting the appointment of 5 || counsel at this time. 6 Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for the appointment of 7 || counsel (ECF No. 16) is denied without prejudice. 8 || Dated: September 29, 2023 / a8 } i | / p , {a ce CAROLYNK. DELANEY 10 UNITED STATES MAGISTRATE JUDGE 1] 12 13 | 4 14 mite2232.mfc 15 16 17 18 19 20 21 22 23 24 25 26 27 28