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Franklin v. Foulk

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 6, 2015
No. 2:14-cv-0057 KJM DAD P (E.D. Cal. Mar. 6, 2015)

Opinion

No. 2:14-cv-0057 KJM DAD P

03-06-2015

JOHNNY L. FRANKLIN, Plaintiff, v. F. FOULK et al., Defendants.


ORDER

Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested appointment of counsel.

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 appointment of counsel (Doc. No. 37) is denied. Dated: March 6, 2015

/s/_________

DALE A. DROZD

UNITED STATES MAGISTRATE JUDGE DAD:md
fran0057.31


Summaries of

Franklin v. Foulk

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 6, 2015
No. 2:14-cv-0057 KJM DAD P (E.D. Cal. Mar. 6, 2015)
Case details for

Franklin v. Foulk

Case Details

Full title:JOHNNY L. FRANKLIN, Plaintiff, v. F. FOULK et al., Defendants.

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

Date published: Mar 6, 2015

Citations

No. 2:14-cv-0057 KJM DAD P (E.D. Cal. Mar. 6, 2015)