1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WENDELL COLEMAN, No. 2:25-cv-2239 CKD P 12 Plaintiff, 13 v. ORDER 14 WALLACE, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se in an action brought under

. 18 Plaintiff requests that the court appoint counsel. District courts lack authority to require counsel 19 to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490

, 298 (1989). In exceptional circumstances, the court may request an attorney to 21 voluntarily represent such a plaintiff. See

(e)(1). Terrell v. Brewer,

(9th Cir. 1991); Wood v. Housewright,

(9th Cir. 1990). 23 When determining whether “exceptional circumstances” exist, the court must consider plaintiff’s 24 likelihood of success on the merits as well as the ability of the plaintiff to articulate his claims pro 25 se in light of the complexity of the legal issues involved. Palmer v. Valdez,

, 970 26 (9th Cir. 2009) (district court did not abuse discretion in declining to appoint counsel). The 27 burden of demonstrating exceptional circumstances is on the plaintiff.

Circumstances 28 ///// 1 | common to most prisoners, such as lack of legal education and limited law library access, do not 2 || establish exceptional circumstances that warrant a request for voluntary assistance of counsel. 3 Having considered the factors under Palmer, the court finds that plaintiff has failed to 4 | meet his burden of demonstrating exceptional circumstances warranting the appointment of 5 || counsel at this time. 6 On August 29, 2025, plaintiff's complaint was dismissed with leave to file an amended 7 || complaint. Plaintiff not filed an amended complaint. Good cause appearing, plaintiff will be 8 | given an additional 30 days within which to file his amended complaint. If plaintiff does not file 9 || an amended complaint within 30 days, the court will recommend that this action be dismissed. 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. Plaintiff's motion for the appointment of counsel (ECF No. 14) is DENIED. 12 2. Plaintiff is granted 30 days to file an amended complaint in compliance with the 13 || court’s August 29, 2025, order. Failure to file an amended complaint within 30 days will result in 14 || a recommendation that this action be dismissed. 15 | Dated: October 14, 2025 / ae □□ / a Ly a

17 UNITED STATES MAGISTRATE JUDGE 18 19 20 | > cole2239.mfe

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