(PC) Turner v. Guibord

Opinion

ANTHONY DEWAYNE LEE TURNER, No. 2:19-cv-0416 DB P Plaintiff, v. ORDER SACRAMENTO CITY FIRE DEPT., et al., Defendants.

Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested appointment of counsel on the grounds that he has a mental illness with a speech problem and reading comprehension problem. 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 wOAOe 2 LDV EP VUE PIS Oe er AY eve

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. In the present case, the court does not find the required exceptional circumstances. In addition, while plaintiff contends that he is suffering from a mental illness and has a reading comprehension problem, he submits no documentation in support of these claims. Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for the appointment of counsel (ECF No. 18) is denied. Dated: August 25, 2020 sl oon ORAH BARNES tum0416.31 UNITED STATES MAGISTRATE JUDGE