Baughman
(PC) Perryman v. Baughman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID PERRYMAN, No. 2:21-cv-0337 KJN P Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al., Defendants. 17 Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C. § 1983. Plaintiff renewed his request that the court appoint counsel, and seeks another extension of time to respond to the October 1, 2021 order. Motion for Counsel 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 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 circumstances” exist, the court must consider plaintiff’s…