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Keel v. Baker

United States District Court, Ninth Circuit, California, E.D. California
Dec 10, 2010
2:10-cv-2796 DAD (PC) (E.D. Cal. Dec. 10, 2010)

Opinion


RICKY RAY KEEL, Plaintiff, v. D. BAKER, et al., Defendants. No. 2:10-cv-2796 DAD (PC) United States District Court, E.D. California. December 10, 2010

          ORDER

          DALE A. DROZD, Magistrate Judge.

         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. In the present case, the court does not find the required exceptional circumstances.

         Accordingly, IT IS HEREBY ORDERED that plaintiff's December 6, 2010 motion for appointment of counsel is denied.


Summaries of

Keel v. Baker

United States District Court, Ninth Circuit, California, E.D. California
Dec 10, 2010
2:10-cv-2796 DAD (PC) (E.D. Cal. Dec. 10, 2010)
Case details for

Keel v. Baker

Case Details

Full title:RICKY RAY KEEL, Plaintiff, v. D. BAKER, et al., Defendants.

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

Date published: Dec 10, 2010

Citations

2:10-cv-2796 DAD (PC) (E.D. Cal. Dec. 10, 2010)