(PC) Sierra v. CDCR Director

Opinion

KENNETH ALAN SIERRA, No. 2:17-cv-2611 KJM AC P Plaintiff, v. ORDER CDCR DIRECTOR, et al., Defendants. Plaintiff has requested the appointment of counsel. 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). “When determining whether ‘exceptional circumstances’ exist, a court must consider ‘the likelihood of success on the merits as well as the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the legal issues involved.’” Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (quoting Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983)). The burden of demonstrating exceptional circumstances is on the plaintiff. Id. 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. Plaintiff requests counsel on the ground that he suffers from a nerve disorder that affects his vison and handwriting. ECF No. 48. The request will be denied because the assertion that plaintiff suffers from this condition is not enough to establish exceptional circumstances warranting appointment of counsel. If plaintiff chooses to file another motion for appointment of counsel, he should specify how his condition prevent him from proceeding without assistance and provide medical documentation supporting his claimed impairment. Accordingly, IT IS HEREBY ORDERED that plaintiff’ s request for the appointment of counsel (ECF No. 48) is denied. DATED: September 3, 2019 ~ u Chthien—Chare ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE