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Cook v. West

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 23, 2020
No. 2:20-cv-0588 AC P (E.D. Cal. Mar. 23, 2020)

Opinion

No. 2:20-cv-0588 AC P

03-23-2020

WILLIAM JEROME MARQUISE COOK, Plaintiff, v. WEST, Defendant.


ORDER

Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested appointment of counsel. ECF No. 3. In support of the motion, plaintiff states in part that he does not know the law, that he has a high school education, and that it is difficult for him to understand written documents. See id. Plaintiff also asserts that he does not have full access to the law library. See id.

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. 3) is DENIED. DATED: March 23, 2020

/s/_________

ALLISON CLAIRE

UNITED STATES MAGISTRATE JUDGE


Summaries of

Cook v. West

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 23, 2020
No. 2:20-cv-0588 AC P (E.D. Cal. Mar. 23, 2020)
Case details for

Cook v. West

Case Details

Full title:WILLIAM JEROME MARQUISE COOK, Plaintiff, v. WEST, Defendant.

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

Date published: Mar 23, 2020

Citations

No. 2:20-cv-0588 AC P (E.D. Cal. Mar. 23, 2020)