(PC) Rader v. County of Placer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JACOB RADER, No. 2:19-cv-1265 AC P Plaintiff, v. ORDER COUNTY OF PLACER, et al., Defendants. 16 Plaintiff requests appointment of counsel on the ground he is indigent. Plaintiff’s request is set forth on a copy of his application to proceed in forma pauperis, with a change in title. ECF No. 3. 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 court may request an attorney to voluntarily represent such a plaintiff. See 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, the court must consider plaintiff’s likelihood of success on the merits as well as the ability…