(PC) Lal v. United States of America
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 AZHAR LAL, No. 2:20-cv-0349 JAM DB P Plaintiff, v. ORDER UNITED STATES OF AMERICA, et al., Defendants. 15 Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested an extension of time to file objections, the appointment of counsel, and copies of plaintiff’s First Amended Complaint (“FAC”). (ECF No. 46.) 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 likelihood of success on…