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Calhoun v. Gomez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Oct 14, 2015
No. 2:12-cv-2856-GEB-EFB P (E.D. Cal. Oct. 14, 2015)

Opinion

No. 2:12-cv-2856-GEB-EFB P

10-14-2015

JAMONT L. CALHOUN, Plaintiff, v. M. GOMEZ, et al., Defendants.


ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He once again requests that the court appoint counsel. As plaintiff has been previously informed (see ECF Nos. 50, 55, 68), 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 to 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 the 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). Having again considered those factors, the court still finds there are no exceptional circumstances in this case.

Accordingly, IT IS HEREBY ORDERED that plaintiff's request for appointment of counsel (ECF No. 79) is denied. DATED: October 14, 2015.

/s/_________

EDMUND F. BRENNAN

UNITED STATES MAGISTRATE JUDGE


Summaries of

Calhoun v. Gomez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Oct 14, 2015
No. 2:12-cv-2856-GEB-EFB P (E.D. Cal. Oct. 14, 2015)
Case details for

Calhoun v. Gomez

Case Details

Full title:JAMONT L. CALHOUN, Plaintiff, v. M. GOMEZ, et al., Defendants.

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

Date published: Oct 14, 2015

Citations

No. 2:12-cv-2856-GEB-EFB P (E.D. Cal. Oct. 14, 2015)