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Rood v. Lockwood

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Feb 12, 2020
No. 2:20-cv-0271 CKD P (E.D. Cal. Feb. 12, 2020)

Opinion

No. 2:20-cv-0271 CKD P

02-12-2020

COLTON JAMES ROOD, Plaintiff, v. ISAAC LOCKWOOD, et al., Defendants.


ORDER

Plaintiff has requested the appointment of counsel. District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request an attorney to voluntarily represent such a plaintiff. See 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). When determining whether "exceptional circumstances" exist, the court must consider plaintiff's likelihood of success on the merits as well as the ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (district court did not abuse discretion in declining to appoint counsel). The burden of demonstrating exceptional circumstances is on the plaintiff. Id. Circumstances common to most prisoners, such as lack of legal education and limited law library access, do not establish exceptional circumstances that warrant a request for voluntary assistance of counsel.

Having considered the factors under Palmer, the court finds that plaintiff has failed to meet his burden of demonstrating exceptional circumstances warranting the appointment of counsel at this time.

Accordingly, IT IS HEREBY ORDERED that plaintiff's request for the appointment of counsel (ECF No. 3) is denied without prejudice. Dated: February 12, 2020

/s/_________

CAROLYN K. DELANEY

UNITED STATES MAGISTRATE JUDGE 12/rood0271.31


Summaries of

Rood v. Lockwood

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Feb 12, 2020
No. 2:20-cv-0271 CKD P (E.D. Cal. Feb. 12, 2020)
Case details for

Rood v. Lockwood

Case Details

Full title:COLTON JAMES ROOD, Plaintiff, v. ISAAC LOCKWOOD, et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Feb 12, 2020

Citations

No. 2:20-cv-0271 CKD P (E.D. Cal. Feb. 12, 2020)