Munoz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GRADY HARRIS, No. 2:16-cv-0830 TLN DB P Plaintiff, v. ORDER JEFF MACOMBER, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Presently before the court is plaintiff’s motion to appoint counsel. (ECF No. 134.) In support of his motion to appoint counsel plaintiff argues that his imprisonment limits his ability to litigate, the issues are complex, he has limited access to the law library, he failed to effectively participate in the discovery process, trial will involve conflicting testimony, and he has tried to obtain a lawyer. (Id. at 1-2.) 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 27 …