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Hardy v. Davis

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 21, 2015
No. 2:13-cv-0726 JAM DAD P (E.D. Cal. Mar. 21, 2015)

Opinion

No. 2:13-cv-0726 JAM DAD P

03-21-2015

KRISTIN HARDY, Plaintiff, v. C. DAVIS, 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.

By order filed April 23, 2013, the court denied plaintiff's previous request for appointment of counsel. (ECF No. 4.) Plaintiff fails to demonstrate that any exceptional circumstances justifying appointment of counsel have arisen in the interim

Accordingly, IT IS HEREBY ORDERED that plaintiff's March 9, 2015 motion for the appointment of counsel (ECF No. 39) is denied. Dated: March 21, 2015

/s/_________

DALE A. DROZD

UNITED STATES MAGISTRATE JUDGE
DAD:10/md
hard0726.31.2nd


Summaries of

Hardy v. Davis

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 21, 2015
No. 2:13-cv-0726 JAM DAD P (E.D. Cal. Mar. 21, 2015)
Case details for

Hardy v. Davis

Case Details

Full title:KRISTIN HARDY, Plaintiff, v. C. DAVIS, et al., Defendants.

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

Date published: Mar 21, 2015

Citations

No. 2:13-cv-0726 JAM DAD P (E.D. Cal. Mar. 21, 2015)