Opinion
No. 2:19-cv-0384-EFB P
05-21-2020
TRAVYON C. HARBOR, Plaintiff, v. CDCR, et al., Defendants.
ORDER
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He has filed a request for appointment of counsel and "for joinder of claims."
As to the request for 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). 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.
Plaintiff's also seeks "joinder of claims." The court has addressed the issue of improper joinder in its two prior screening orders and granted plaintiff leave to file a second amended complaint. See ECF Nos. 6, 12. If and when plaintiff files a second amended complaint, the court will issue a third screening order and revisit the issue of joinder, if appropriate.
Accordingly, IT IS HEREBY ORDERED that plaintiff's request for appointment of counsel (ECF No. 13) is denied. The Clerk is directed to terminate ECF No. 13. DATED: May 21, 2020.
/s/_________
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE