(PC) Perryman v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID PERRYMAN, No. 2:21-cv-2054 AC P Plaintiff, v. ORDER JEFF LYNCH, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se with a civil rights action, has filed a second motion for the appointment of counsel. ECF No. 10. Specifically, the motion requests that plaintiff be permitted to participate in the court’s Alternative Dispute Resolution Program, and that if he is allowed to do so, that counsel be provided to him. Id. at 2-4. In support of the motion, plaintiff states that his case is complex and that he has video evidence. Id. at 4. 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.…