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Whitaker v. Daley

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Dec 5, 2013
No. 2:13-cv-00501 GEB DAD (PC) (E.D. Cal. Dec. 5, 2013)

Opinion

No. 2:13-cv-00501 GEB DAD (PC)

12-05-2013

JOSEPH WHITAKER, Plaintiff, v. DALEY, et al., Defendants.


ORDER

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 November 19, 2013 motion for the appointment of counsel (ECF No. 26) is denied.

_________________

DALE A. DROZD

UNITED STATES MAGISTRATE JUDGE


Summaries of

Whitaker v. Daley

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Dec 5, 2013
No. 2:13-cv-00501 GEB DAD (PC) (E.D. Cal. Dec. 5, 2013)
Case details for

Whitaker v. Daley

Case Details

Full title:JOSEPH WHITAKER, Plaintiff, v. DALEY, et al., Defendants.

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

Date published: Dec 5, 2013

Citations

No. 2:13-cv-00501 GEB DAD (PC) (E.D. Cal. Dec. 5, 2013)