(PC) Uhuru v. Mancusi

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA KOHEN DIALLO E. UHURU, No. 2:20-cv-2088 KJM KJN P 12 Plaintiff, 13 v. ORDER CHERYLINE MANCUSI, et al., 15 Defendants.

17 Plaintiff is a state prisoner, proceeding pro se, in an action brought under 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 22 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990).

23 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 | establish exceptional circumstances that warrant a request for voluntary assistance of counsel.

2 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.

5 In addition, plaintiff has filed a motion for extension of time to file an amended complaint.

6 | Good cause appearing, plaintiff's motion is granted.

7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Plaintiffs motion for the appointment of counsel (ECF No. 11) is denied without | prejudice; 10 2. Plaintiffs motion for an extension of time (ECF No. 11) is granted; and 11 3. Plaintiff shall file an amended complaint on or before January 23, 2021.

12 | Dated: December 18, 2020 8 Aectl Aharon 14 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE /ubur2088.3 1436