Opinion
2:22-cv-1874 AC P
05-16-2023
MICHAEL A. CRAIG, Plaintiff, v. GENA JONES, et al., Defendants.
ORDER
ALLISON CLAIRE, MAGISTRATE JUDGE
Plaintiff has requested the appointment of counsel. ECF No. 5. In support of the motion, plaintiff states in part that he is indigent; that efforts he made to secure counsel for himself have been unsuccessful, and that he has limited knowledge of the law. Id. at 1-4.
The United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 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). Given the facts above, the court does not find the required exceptional circumstances. Plaintiff's request for the appointment of counsel will therefore be denied.
Accordingly, IT IS HEREBY ORDERED that plaintiff's request for the appointment of counsel (ECF No. 5) is DENIED.