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Jones v. Shute

United States District Court, Eastern District of California
Oct 31, 2022
2:22-cv-1384 DB P (E.D. Cal. Oct. 31, 2022)

Opinion

2:22-cv-1384 DB P

10-31-2022

MARCELL JONES, Plaintiff, v. MICHELLE SHUTE, et al., Defendants.


ORDER

DEBOFAH BARNES UNTIED STATES MAGISTRATE JUDGE

Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested appointment of counsel. Plaintiff states that he has an eye condition that severely limits his vision and causes him difficulty focusing.

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). This court is sympathetic to the difficulties plaintiff must face in preparing his pleadings. However, plaintiff more than adequately responded to the court's initial screening order. His first amended complaint is sixteen pages long. It details his medical condition and explains defendants' responses to that condition. This court finds that, at the present time, plaintiff is sufficiently able to articulate his claims. This court does not find the required exceptional circumstances.

Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for the appointment of counsel (ECF No. 7) is denied without prejudice to its renewal at a later stage of these proceedings.


Summaries of

Jones v. Shute

United States District Court, Eastern District of California
Oct 31, 2022
2:22-cv-1384 DB P (E.D. Cal. Oct. 31, 2022)
Case details for

Jones v. Shute

Case Details

Full title:MARCELL JONES, Plaintiff, v. MICHELLE SHUTE, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Oct 31, 2022

Citations

2:22-cv-1384 DB P (E.D. Cal. Oct. 31, 2022)