Hill
(PC) Moore v. Hill
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SIDNI ALFRED MOORE, No. 2:22-cv-0758 DJC AC P Plaintiff, v. ORDER RICK HILL, et al., Defendants. 16 Plaintiff has filed a motion for the appointment of counsel and for an extension of time to file an amended complaint. ECF No. 22. The request for an extension of time will be granted. However, the request for counsel will not. 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). “When determining whether ‘exceptional circumstances’ exist, a court must consider ‘the likelihood of success on the merits…