Ladan
(PC) Gomez v. Ladan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 EDWARD GOMEZ, No. 2:21-cv-1592 KJM DB P Plaintiff, v. ORDER LADAN, Defendant. 15 Plaintiff, a state prisoner proceeding pro se with a civil rights action, has requested appointment of counsel. Plaintiff states that he is “A QUADRUPLE, ADA PATIENT WITH NO MUSCULAR MOVEMENT OF MY FINGERS, WHEELCHAIR BOUND. . . . I AM NOT A PARALEGAL NOR DID I GO TO LEGAL SCHOOL.” 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…