Opinion

(PC) Epps v. Archie

Court
District Court, E.D. California
Filed
Feb 13, 2024
Cited by
0 cases
Authority
More cited than 18.5%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 ROBERT EPPS, No. 2:23-cv-00135-DAD-EFB (PC)

12 Plaintiff,

13 v. ORDER

14 ARCHIE,

15 Defendant.

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18 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

19 U.S.C. § 1983. He again requests that the court appoint counsel. ECF No. 35.

20 District courts lack authority to require counsel to represent indigent prisoners in section

21 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional

22 circumstances, the court may request an attorney to voluntarily to represent such a plaintiff. See

23 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v.

24 Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). When determining whether “exceptional

25 circumstances” exist, the court must consider the likelihood of success on the merits as well as the

26 ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues

27 involved. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009).

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1 Having considered those factors, the court finds there are no exceptional circumstances in

2 || this case. Plaintiff states that he has been found incompetent in state court in 2011 and 2016. As

3 | the court has already informed plaintiff, to justify appointment of counsel based on health

4 | limitations, a plaintiff must present evidence documenting those limitations as well as evidence

5 | that the limitations significantly impair the plaintiff’s ability to litigate the case. Brown v. Reif,

6 | No. 2:18-cv-01088 KJM CKD P, 2019 U.S. Dist. LEXIS 33310, at *6-8 (E.D. Cal. Mar. 1, 2019)

7 || (and cases cited therein). Plaintiff has not presented any evidence substantiating his claims of

8 || impairment.

9 Accordingly, IT IS HEREBY ORDERED that plaintiffs request for appointment of

10 || counsel (ECF No. 35) is denied without prejudice.

Datu EBL

12 | Dated: February 12, 2024 ZA LE i +LHECAU,

B EDMUND F. BRENNAN

UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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