(PC) Craig v. Jones

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA MICHAEL A. CRAIG, No. 2:22-cv-1874 AC P 12 Plaintiff, 13 v. ORDER GENA JONES, et al., 15 Defendants.

17 Plaintiff has requested the appointment of counsel. ECF No. 5. In support of the motion, plaintiff states in part that he is indigent; that efforts he made to secure counsel for himself have been unsuccessful, and that he has limited knowledge of the law. Id. at 1-4.

20 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 22 U.S. 296, 298 (1989). In certain exceptional circumstances, the 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). Given the facts above, the court does not find the required exceptional circumstances. Plaintiff’s request for the appointment of counsel will therefore be denied.

27 //// //// ] Accordingly, IT IS HEREBY ORDERED that plaintiffs request for the appointment of || counsel (ECF No. 5) is DENIED.

3 || DATED: May 16, 2023 ~ 4 ttt0n— ALLISON CLAIRE 5 UNITED STATES MAGISTRATE JUDGE 1]