(PC) James v. Sacramento County Sheriff Dept.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RONALD EUGENE JAMES, No. 2:23-CV-0853-KJM-DMC-P Plaintiff, v. ORDER SACRAMENTO COUNTY SHERIFF DEPARTMENT, et al., 15 Defendants.

17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action. Pending 18 before the Court is Plaintiff’s motion for the appointment of counsel, ECF No. 3. 19 The United States Supreme Court has ruled that district courts lack authority to 20 require counsel to represent indigent prisoners in § 1983 cases. See Mallard v. United States Dist. 21 Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the 22 voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). See Terrell v. Brewer, 935 23 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). 24 A finding of “exceptional circumstances” requires an evaluation of both the likelihood of success 25 on the merits and the ability of the plaintiff to articulate his claims on his own in light of the 26…