Dowbak

(PC) Bullock v. Dowbak

Good Law
United States District Court, Eastern District of CaliforniaDecember 12, 20232:23-cv-01634California406 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD LEE BULLOCK, No. 2:23-cv-1634 TLN CKD P Plaintiff, v. ORDER JOHN M. DOWBACK, et al., Defendants. 16 Plaintiff filed a motion for extension of time to file an amended complaint. Good cause appearing, that request will be granted. Plaintiff also requests that the court appoint counsel. District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 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 to articulate his claims pro se in…

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