(PC) Shepherd v. Nueschmid

Opinion

CAMERON SHEPHERD, No. 2:19-cv-0084 JAM DB P Plaintiff, v. ORDER Defendant. Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested appointment of counsel and an extension of time to respond to discovery. 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. Inthe present case, plaintiff provides no basis for the appointment of counsel besides the statement that he is in the prison’s mental health program. This court does not find the required exceptional circumstances. Plaintiff has also requested an extension of time to respond to defendant’s request for production of documents and first set of interrogatories. Good cause appearing, his request will be granted. Accordingly, IT 1S HEREBY ORDERED that: 1. Plamtiff’s motion for the appointment of counsel (ECF No. 51) is denied. 2. Plamtiff’s motion for an extension of time (ECF No. 51) is granted; and 3. By December 2, 2020, plaintiff shall serve his response to defendant’s request for production of documents and first set of interrogatories. Dated: November 5, 2020 Dies ONIEED Sis MAGISTRATE DB/prisoner-civil rights/shep0084.31+36res -