From Casetext: Smarter Legal Research

Acquah v. Baughman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 30, 2020
No. 2:19-cv-1470 JAM DB P (E.D. Cal. Mar. 30, 2020)

Opinion

No. 2:19-cv-1470 JAM DB P

03-30-2020

KENNETH ALLAN ACQUAH, Plaintiff, v. DAVID BAUGHMAN, et al., Defendants.


ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action. Plaintiff alleges defendants used excessive force in violation of his Eighth Amendment rights. Plaintiff has requested appointment of counsel. Plaintiff states he cannot afford counsel and has limited knowledge of the law. Plaintiff also argues that it will be difficult to manage litigation while incarcerated.

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 district 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).

The test for exceptional circumstances requires the court to evaluate the plaintiff's likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved. See Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Circumstances common to most prisoners, such as lack of legal education and limited law library access, do not establish exceptional circumstances that would warrant a request for voluntary assistance of counsel. In the present case, the court does not find the required exceptional circumstances.

Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for the appointment of counsel (ECF No. 24) is denied. DATED: March 30, 2020

/s/ DEBORAH BARNES

UNITED STATES MAGISTRATE JUDGE DLB:9
DB/prisoner-civil rights/acqu1470.31


Summaries of

Acquah v. Baughman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 30, 2020
No. 2:19-cv-1470 JAM DB P (E.D. Cal. Mar. 30, 2020)
Case details for

Acquah v. Baughman

Case Details

Full title:KENNETH ALLAN ACQUAH, Plaintiff, v. DAVID BAUGHMAN, et al., Defendants.

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

Date published: Mar 30, 2020

Citations

No. 2:19-cv-1470 JAM DB P (E.D. Cal. Mar. 30, 2020)