White

(PC) Price v. White

Good Law
United States District Court, Eastern District of CaliforniaJune 3, 20222:22-cv-00745California427 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SCOTT RICHARD PRICE, No. 2:22-cv-0745 WBS AC P Plaintiff, v. ORDER STEVE WHITE, et al., Defendants. 16 Plaintiff, a county prisoner proceeding pro se with a civil rights action, has filed a second request for the appointment of counsel. ECF No. 13. 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). “When determining whether ‘exceptional circumstances’ exist, a court must consider ‘the likelihood of success on the merits as well as the ability of the [plaintiff] to articulate his claims pro se in…

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