(PC) Tolliver v. County of Sacramento

Opinion

RESHON TOLLIVER, No. 2:19-cv-2599 CKD P Plaintiff, v. ORDER COUNTY OF SACRAMENTO, et al., Defendants. Plaintiff is a federal prisoner proceeding pro se in an action brought pursuant to 42 U.S.C. § 1983. Plaintiff requests that the court appoint counsel. District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request an attorney to voluntarily represent such a plaintiff. See 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, the court must consider plaintiff’s 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) (district court did not abuse discretion in declining to appoint counsel). 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 wMOADe 2 LDV MEPS NE MMU PI eA eV

establish exceptional circumstances that warrant a request for voluntary assistance of counsel. Having considered the factors under Palmer, the court finds that plaintiff has failed to meet his burden of demonstrating exceptional circumstances warranting the appointment of counsel at this time. Plaintiff has also filed a motion for extension of time to file an amended complaint. Good cause appearing, that request will be granted. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiffs request for the appointment of counsel (ECF No. 10) is denied without prejudice; 2. Plaintiffs motion for an extension of time (ECF No. 10) is granted; and 3. Plaintiff is granted one hundred and twenty days from the date of this order in which to file an amended complaint. Dated: June 5, 2020 eo dp. A Gx CAROLYN K DELANEY UNITED STATES MAGISTRATE JUDGE 12/toN2599.31+36