Jones

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 KASEY F. HOFFMAN, No. 2:15-cv-1526-JAM-EFB P Plaintiff, v. ORDER KEVIN JONES, Defendant. 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983, against defendant Jones. He has filed a notice of voluntary dismissal pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. ECF No. 63. Alternatively, plaintiff requests appointment of counsel. Id. District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request an attorney to voluntarily to 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 the…