Opinion
No. 2:17-cv-1792-MCE-EFB P
07-02-2018
MICHAEL HEMINGWAY, Plaintiff, v. MICHAEL HEMINGWAY, Defendant.
ORDER
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He requests that the court appoint counsel. Plaintiff's request for the appointment of counsel is denied but the court grant will grant him an extension of time within which to submit his amended complaint.
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.
Accordingly, it is ORDERED that:
1. Plaintiff's request for the appointment of counsel (ECF No. 9) is denied; and
2. Plaintiff is granted an additional thirty (30) days within which to file his amended complaint pursuant to the court's June 14, 2018 order.
So ordered. Dated: July 2, 2018.
/s/_________
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE