(PC) Cook v. West

E.D. California

(PC) Cook v. West

DecidedMarch 23, 2020

Docket2:20-cv-00588

StatusUnknown

This text of (PC) Cook v. West ((PC) Cook v. West) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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(PC) Cook v. West, (E.D. Cal. 2020).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM JEROME MARQUISE COOK, No. 2:20-cv-0588 AC P 12 Plaintiff, 13 v. ORDER 14 WEST, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested 18 appointment of counsel. ECF No. 3. In support of the motion, plaintiff states in part that he does 19 not know the law, that he has a high school education, and that it is difficult for him to understand 20 written documents. See id. Plaintiff also asserts that he does not have full access to the law 21 library. See id. 22 The United States Supreme Court has ruled that district courts lack authority to require 23 counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 24 U.S. 296, 298 (1989). In certain exceptional circumstances, the district court may request the 25 voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 26 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). 27 The test for exceptional circumstances requires the court to evaluate the plaintiff’s 28 likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in 1 | light of the complexity of the legal issues involved. See Wilborn v. Escalderon, 789 F.2d 1328, 2 1331 (9th Cir. 1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Circumstances 3 || common to most prisoners, such as lack of legal education and limited law library access, do not 4 | establish exceptional circumstances that would warrant a request for voluntary assistance of 5 || counsel. In the present case, the court does not find the required exceptional circumstances. 6 Accordingly, IT IS HEREBY ORDERED that plaintiffs motion for the appointment of 7 || counsel (ECF No. 3) is DENIED. 8 || DATED: March 23, 2020 ~ 9 Hthren— Llane ALLISON CLAIRE 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM JEROME MARQUISE COOK, No. 2:20-cv-0588 AC P 12 Plaintiff, 13 v. ORDER 14 WEST, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested 18 appointment of counsel. ECF No. 3. In support of the motion, plaintiff states in part that he does 19 not know the law, that he has a high school education, and that it is difficult for him to understand 20 written documents. See id. Plaintiff also asserts that he does not have full access to the law 21 library. See id. 22 The United States Supreme Court has ruled that district courts lack authority to require 23 counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 24 U.S. 296, 298 (1989). In certain exceptional circumstances, the district court may request the 25 voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 26 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). 27 The test for exceptional circumstances requires the court to evaluate the plaintiff’s 28 likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in 1 | light of the complexity of the legal issues involved. See Wilborn v. Escalderon, 789 F.2d 1328, 2 1331 (9th Cir. 1986); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Circumstances 3 || common to most prisoners, such as lack of legal education and limited law library access, do not 4 | establish exceptional circumstances that would warrant a request for voluntary assistance of 5 || counsel. In the present case, the court does not find the required exceptional circumstances. 6 Accordingly, IT IS HEREBY ORDERED that plaintiffs motion for the appointment of 7 || counsel (ECF No. 3) is DENIED. 8 || DATED: March 23, 2020 ~ 9 Hthren— Llane ALLISON CLAIRE 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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