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Jones v. Sahota

United States District Court, Ninth Circuit, California, E.D. California
Jul 31, 2012
2:10-cv-3206 MCE EFB P (E.D. Cal. Jul. 31, 2012)

Opinion


HENRY A. JONES, Plaintiff, v. SAHOTA, et al., Defendants. No. 2:10-cv-3206 MCE EFB P United States District Court, E.D. California. July 31, 2012

          ORDER

          EDMUND F. BRENNAN, Magistrate Judge.

         Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Pending before the court are plaintiff's request for counsel and for assistance with responding to discovery. See Dckt. Nos. 61, 73, 95.

         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. Additionally, the court notes that discovery in this action is now closed, and the court cannot provide plaintiff with legal advice. See Oct. 31, 2011 Discovery and Scheduling Order, Dckt. No. 50.

         Accordingly, IT IS HEREBY ORDERED that plaintiff's requests, Dckt. Nos. 61, 73, 95, are denied.


Summaries of

Jones v. Sahota

United States District Court, Ninth Circuit, California, E.D. California
Jul 31, 2012
2:10-cv-3206 MCE EFB P (E.D. Cal. Jul. 31, 2012)
Case details for

Jones v. Sahota

Case Details

Full title:HENRY A. JONES, Plaintiff, v. SAHOTA, et al., Defendants.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Jul 31, 2012

Citations

2:10-cv-3206 MCE EFB P (E.D. Cal. Jul. 31, 2012)