The opinion
1
2
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11 ROBERT EPPS, No. 2:23-cv-00135-DAD-EFB (PC)
12 Plaintiff,
13 v. ORDER
14 ARCHIE,
15 Defendant.
16
17
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).
28
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
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28