Edward Don Brown v. Allison, et al.

• Court: District Court, E.D. California
• Decided: January 29, 2026
• Docket: 2:22-cv-01571
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD DON BROWN, No. 2:22-cv-1571 DAD AC P 12 Plaintiff, 13 v. ORDER 14 ALLISON, et al., 15 Defendants. 16 17 Pending before the court is plaintiff’s motion for a 30-day extension of time and to 18 appoint counsel. ECF No. 44. 19 Although plaintiff’s motion does not specify which deadline he seeks to extend, it appears 20 he may be referring to the deadline to file objections to the undersigned November 20, 2025, 21 findings and recommendations, which were due this week. See ECF No. 41. Good cause 22 appearing, plaintiff will be given an additional thirty days to file objections. Because this is 23 plaintiff’s second extension of time for filing objections, no further extensions will be granted 24 absent exceptional circumstances. 25 Plaintiff motion for appointment of counsel is also his second request. See ECF Nos. 14, 26 44. In the present motion, plaintiff seeks appointment because he is indigent and cannot provide 27 his own counsel. Id. at 2. District courts, however, lack authority to require counsel to represent 28 indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 1 |} (1989). In exceptional circumstances, the court may request an attorney to voluntarily represent 2 | sucha plaintiff. See 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 3 || 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). 4 When determining whether “exceptional circumstances” exist, the court must consider 5 || plaintiff's likelihood of success on the merits as well as the ability of the plaintiff to articulate his 6 || claims pro se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 7 || 965, 970 (9th Cir. 2009) (district court did not abuse discretion in declining to appoint counsel). 8 | The burden of demonstrating exceptional circumstances is on the plaintiff. Id. Circumstances 9 || common to most prisoners, such as indigency or lack of legal education, do not establish 10 || exceptional circumstances that warrant a request for voluntary assistance of counsel. 11 Having considered the factors under Palmer, the court finds that plaintiff has failed to 12 || meet his burden of demonstrating exceptional circumstances warranting the appointment of 13 || counsel at this time. As screened, second amended complaint states Eighth Amendment 14 || deliberate indifference to health and safety claims against three defendants. ECF No. 37 at 6. 15 | Currently, there is nothing to suggest to the court that these claims are particularly complex, 16 || warranting appointment of counsel. Additionally, plaintiff's indigency, on it’s own, does not 17 || warrant appointment. 18 Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for a thirty-day extension 19 | of time and appointment of counsel (ECF No. 44) is GRANTED IN PART and DENIED IN 20 || PART. Plaintiffis GRANTED thirty days from the date of this order to file objections to the 21 || magistrate judge’s November 20, 2025, findings and recommendations (ECF No. 37). At this 22 || time, plaintiff is DENIED appointment of counsel. 23 || DATED: January 28, 2026 24 CAttt0n— LMMan—e_ 25 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 26 27 28