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Alvarez v. Amador Cnty. Superior Court

United States District Court, Eastern District of California
Nov 30, 2021
2:21-cv-1976 JAM CKD P (E.D. Cal. Nov. 30, 2021)

Opinion

2:21-cv-1976 JAM CKD P

11-30-2021

BLACKI FLORINCEO ALVAREZ, Sr., Plaintiff, v. AMADOR COUNTY SUPERIOR COURT, et al.,, Defendants.


ORDER

CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE

Plaintiff is a county inmate proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has been granted leave to proceed with this action in forma pauperis pursuant to 28 U.S.C. § 1915.

On November 15, 2021, and November 17, 2021, plaintiff filed a request for a court-appointed investigator, a legal runner, and payment of expert witness fees. The expenditure of public funds on behalf of an indigent litigant is proper only when authorized by Congress. Tedder v. Odel, 890 F.2d 210 (9th Cir. 1989). The in forma pauperis statute does not authorize the expenditure of public funds for investigators, legal runners, or expert witnesses. See 28 U.S.C. § 1915.

Plaintiff has also 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). 1 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:

1. Plaintiff's motions for an investigator, court runner, expert witness, and the appointment of counsel (ECF Nos. 8, 9) are denied.
2. The motion for the appointment of counsel is denied without prejudice.
2


Summaries of

Alvarez v. Amador Cnty. Superior Court

United States District Court, Eastern District of California
Nov 30, 2021
2:21-cv-1976 JAM CKD P (E.D. Cal. Nov. 30, 2021)
Case details for

Alvarez v. Amador Cnty. Superior Court

Case Details

Full title:BLACKI FLORINCEO ALVAREZ, Sr., Plaintiff, v. AMADOR COUNTY SUPERIOR COURT…

Court:United States District Court, Eastern District of California

Date published: Nov 30, 2021

Citations

2:21-cv-1976 JAM CKD P (E.D. Cal. Nov. 30, 2021)