(PC) Eiland v. Sacramento County Main Jail Medical Facility

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RODNEY CHARLES EILAND, No. 2:18-cv-1042 MCE KJN P Plaintiff, v. ORDER SACRAMETNO COUNTY SHERIFF’S DEPARTMENT, et al., 15 Defendants.

17 Plaintiff is a former inmate, proceeding in forma pauperis and without counsel, in an action brought under 42 U.S.C. § 1983. Plaintiff requests that the court appoint counsel. Under 28 U.S.C. § 1915(e)(1), courts are granted discretion to appoint counsel for indigent persons under “exceptional circumstances.” Agyeman v. Corr. Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004). A finding of exceptional circumstances demands at least “an evaluation of the likelihood of the plaintiff’s success on the merits and an evaluation of the plaintiff’s ability to articulate his claims ‘in light of the complexity of the legal issues involved.’” Id. (quoting Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986)). “[N]either of these factors is dispositive and both must be viewed together before reaching a…