Guibord

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ANTHONY DEWAYNE LEE TURNER, No. 2:19-cv-0416 DB P Plaintiff, v. ORDER SACRAMENTO CITY FIRE DEPT., et al., 14 Defendants.

16 Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested 17 appointment of counsel on the grounds that he has a mental illness with a speech problem and 18 reading comprehension problem. 19 The United States Supreme Court has ruled that district courts lack authority to require 20 counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 21 U.S. 296, 298 (1989). In certain exceptional circumstances, the district court may request the 22 voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 23 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). 24 The test for exceptional circumstances requires the court to evaluate the plaintiff’s 25 likelihood of success on the merits and the ability of the plaintiff to articulate his…