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Scott v. Cal. Health Care Facility

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Jun 18, 2018
No. 2:18-cv-0635 CKD P (E.D. Cal. Jun. 18, 2018)

Opinion

No. 2:18-cv-0635 CKD P

06-18-2018

HOWARD SCOTT, Plaintiff, v. CALIFORNIA HEALTH CARE FACILITY, Defendant.


ORDER

Plaintiff is a state prisoner proceeding pro se in an action brought under 42 U.S.C. § 1983. Plaintiff requests that the court appoint counsel. 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 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 plaintiff's 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) (district court did not abuse discretion in declining to appoint counsel). The burden of demonstrating exceptional circumstances is on the plaintiff. Id. Circumstances common to most prisoners, such as lack of legal education and limited law library access, do not establish exceptional circumstances that warrant a request for voluntary assistance of counsel. ///// /////

Having considered the factors under Palmer, the court finds that plaintiff has failed to meet his burden of demonstrating exceptional circumstances warranting the appointment of counsel at this time.

Accordingly, IT IS HEREBY ORDERED that plaintiff's request for the appointment of counsel (ECF No. 16) is denied. Dated: June 18, 2018

/s/_________

CAROLYN K. DELANEY

UNITED STATES MAGISTRATE JUDGE 1/bh
scot0635.31(3)


Summaries of

Scott v. Cal. Health Care Facility

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Jun 18, 2018
No. 2:18-cv-0635 CKD P (E.D. Cal. Jun. 18, 2018)
Case details for

Scott v. Cal. Health Care Facility

Case Details

Full title:HOWARD SCOTT, Plaintiff, v. CALIFORNIA HEALTH CARE FACILITY, Defendant.

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

Date published: Jun 18, 2018

Citations

No. 2:18-cv-0635 CKD P (E.D. Cal. Jun. 18, 2018)