(PC)Watkins v. Klein

Opinion

MAURICE WATKINS, No. 2:20-cv-1360 DB P Plaintiff, v. ORDER JEFF LYNCH, et al., Defendants. Plaintiff is a state prisoner proceeding pro se with a civil rights action 42 U.S.C. §1983. Plaintiff claims officers failed to protect him in violation of his Eighth Amendment. Presently before the court is plaintiff’s motion for the appointment of counsel. (ECF No. 7.) In support of his motion plaintiff argues counsel should be appointed because he cannot afford counsel, his imprisonment will interfere with his ability to litigate this case, and he has attempted to obtain counsel on his own. 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. In the present case, the court does not find the required exceptional circumstances. Plaintiff’s arguments amount to nothing more than circumstances common to most prisoners. Therefore, the court will deny the motion without prejudice. Accordingly, IT IS HEREBY ORDERED that plaintiffs motion for the appointment of counsel (ECF No. 7) is denied. Dated: November 18, 2020 ORAH BARNES UNITED STATES MAGISTRATE JUDGE DB:12 DB:1/Orders/Prisoner Civil Rights/watk1360.31