Case Information
*1 Case 2:20-cv-00773-TLN-DB Document 19 Filed 11/03/20 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CHARLES WINDHAM, No. 2:20-cv-0773 TLN DB P Plaintiff,
v. ORDER STATE OF CALIFORNIA, et al.,
Defendants.
Plaintiff has requested an extension of time to file a third amended complaint. Good cause appearing, plaintiff’s request will be granted.
Plaintiff has also requested a limited appointment of counsel to help him prepare a third amended complaint.
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, *2 Case 2:20-cv-00773-TLN-DB Document 19 Filed 11/03/20 Page 2 of 2 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, plaintiff states only that he requires counsel due to “ongoing misconduct at this facility by rogue staff and inmates.” Plaintiff does not explain that allegat ion any further. The court does not find the required exceptional circumstances for the appointment of counsel.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff’s motion for an extension of time (ECF No. 18) is granted; 2. Plaintiff is granted sixty days from the date of this order in which to file a third amended complaint; and 3. Plaintiff’s motion for the appointment of counsel (ECF No. 18) is denied.
Dated: November 2, 2020
DLB:9 DB/prisoner-civil rights/wind0773.36amc+31
2