Sammy Zamaro v. R. Moonga

MEMORANDUM

Sammy Zamaro appeals from the district court’s judgment entered in favor of prison medical personnel following a jury trial. Zamaro contends that the district court abused its discretion by failing to request appointed counsel or to grant a continuance, and that the district court erred in responding to a jury question. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

First, we review for an abuse of discretion the district court’s denial of a motion for request of counsel. Wilborn v. Escalfaron, 789 F.2d 1328, 1331 (9th Cir. 1986). There is no constitutional right to appointed counsel in a section 1983 action. Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), withdrawn in part, 154 F.3d 952 , 954 n.1 (9th Cir. 1998). A district court “may request” an attorney for indigent civil litigants pursuant to 28 U.S.C. § 1915 (e)(1) in exceptional circumstances. See United States v. 30.64 Acres of Land, 795 F.2d 796, 799-801 (9th Cir. 1986). To determine whether exceptional circumstances exist, the court evaluates both “the likelihood of success on the merits [and] the ability of the petitioner to articulate his claims pro se in light of the complexity of the…