Opinion
No. 2:14-cv-2259-JAM-EFB P
04-13-2015
ROBERT WILLIAM TUNSTALL, JR., Plaintiff, v. BRIAN DUFFY, et al., Defendants.
ORDER
Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in an action brought under 42 U.S.C. § 1983. In addition to filing a complaint, plaintiff has filed an application to proceed in forma pauperis (IFP) pursuant to 28 U.S.C. § 1915 and three requests for appointment of counsel.
In due course, the court will screen the complaint pursuant to 28 U.S.C. § 1915A.
Plaintiff's IFP application makes the showing required by 28 U.S.C. § 1915(a)(1) and (2). Accordingly, by separate order, the court directs the agency having custody of plaintiff to collect and forward the appropriate monthly payments for the filing fee as set forth in 28 U.S.C. § 1915(b)(1) and (2).
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 considered those factors, the court finds there are no exceptional circumstances in this case.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's application for leave to proceed in forma pauperis is granted and the Clerk shall terminate docket numbers 8, 9, and 10.DATED: April 13, 2015.
2. Plaintiff shall pay the statutory filing fee of $350. All payments shall be collected in accordance with the notice to the California Department of Corrections and Rehabilitation, filed concurrently herewith.
3. Plaintiff's requests for the appointment of counsel (ECF Nos. 3, 11, 12) are denied without prejudice.
/s/_________
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE