Clingman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRUCE MILES BENTON, No. 2:22-cv-02275-JDP (PC) Plaintiff, v. ORDER CLINGMAN, et al., Defendants. 16 Plaintiff has filed a motion seeking both an extension of time to file an amended complaint and the appointment of counsel. ECF No. 22. I will grant plaintiff additional time to file an amended complaint. As for the appointment of counsel, district courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. U.S. Dist. Ct., 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request an attorney to voluntarily represent such a plaintiff. See 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, the court must consider plaintiff’s likelihood of success on the merits as well as the ability of the plaintiff…