Ming Ching Jin v. Forgia

MEMORANDUM

California state prisoner Ming Ching Jin appeals pro se from the district court’s summary judgment in favor of defendant in Jin’s 42 U.S.C. § 1983 action alleging that defendant retaliated against him for exercising his First Amendment right to file grievances against other prison offi cers. We have jurisdiction under 28 U.S.C. § 1291 . We review a district court’s refusal to appoint counsel pursuant to 28 U.S.C. § 1915 (e)(1) for an abuse of discretion. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir.2009). We vacate and remand for further proceedings.

Jin asserts that the district court abused its discretion in denying his motion for appointment of counsel pursuant to 28 U.S.C. § 1915 (e)(1). The district court based its denial of the motion on the ground that there is no provision for appointment of counsel in civil actions. However, a court may appoint counsel for indigent civil litigants under exceptional circumstances. See, e.g., id. Thus, the district court committed an error of law when it denied Jin’s motion for appointment of counsel “upon the ground that the court had no authority whatsoever to appoint counsel for civil litigants.” United States v. McQuade,…