(PC) Windham v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 CHARLES WINDHAM, No. 2:20-cv-0773 TLN DB P Plaintiff, v. ORDER STATE OF CALIFORNIA, et al., Defendants.

16 Plaintiff has requested an extension of time to file a third amended complaint. Good cause appearing, plaintiff’s request will be granted. Plaintiff has also requested a limited appointment of counsel to help him prepare a third amended complaint. 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 circumstances requires the court to evaluate the plaintiff’s…