(PC) Windham v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES WINDHAM, No. 2:20-cv-0773 TLN DB P Plaintiff, v. ORDER STATE OF CALIFORNIA, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has moved for the appointment of counsel. Plaintiff states that correctional officers have searched his cell numerous times, amounting to harassment and retaliation. Plaintiff asks that counsel be appointed to “send a clear message to these out-of-control prison guards.” 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 district court may request the voluntary assistance of counsel pursuant to 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). The test for exceptional…