Johnston
(PC) Ruiz v. Johnston
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROGELIO MAY RUIZ, No. 2:19-cv-2423-WBS-EFB P Plaintiff, v. ORDER S. JOHNSTON, et al., Defendants. 16 This case was closed and judgment entered on July 7, 2020. ECF No. 15. Nevertheless, plaintiff, who is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983, again submitted a request that the court appoint counsel. ECF No. 18. He also requests a Spanish language interpreter. Id. Apart from this action being closed, 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…