Case Information
*1 Case 2:24-cv-00437-EFB Document 39 Filed 06/27/25 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA KENNETH EDWARD TAN, No. 2:24-cv-00437-EFB (PC) Plaintiff,
v. ORDER YUBA COUNTY JAIL, et al.,
Defendants.
Plaintiff is a state prisoner proceeding without counsel in an action brought pursuant to 42 U.S.C. § 1983. Plaintiff asks the court to appoint counsel. 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 exceptional circumstances, the court may request an attorney to voluntarily to 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 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). Plaintiff has failed to show exceptional circumstances.
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*2 Case 2:24-cv-00437-EFB Document 39 Filed 06/27/25 Page 2 of 2 Plaintiff’s motion for appointment of counsel (ECF No. 36) is DENIED.
Dated: June 27, 2025
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