(PC) Morgan v. Sacramento County Sheriffs Dept.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAMMY DAVIS MORGAN, No. 2:19-CV-1179-KJM-DMC-P Plaintiff, v. ORDER MORGAN, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. Before the Court is Plaintiff’s motion for appointment of counsel. ECF No. 104. The Court has denied Plaintiff’s three previous motions for appointment of counsel. See ECF Nos. 24, 69. The United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. See Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). A finding of “exceptional circumstances” requires an evaluation of both…