(PC) Powell v. Lynch

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ADAM RANDOLPH POWELL, No. 2:22-CV-1493-DAD-DMC-P 12 Plaintiff, 13 v. ORDER 14 JEFF LYNCH, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion for the appointment of counsel 19 and an extension of time to file an opposition to Defendant Lynch’s motion to dismiss. See ECF 20 No. 22. 21 Turning first to Plaintiff’s request for the appointment of counsel, the United 22 States Supreme Court has ruled that district courts lack authority to require counsel to represent 23 indigent prisoners in § 1983 cases. See Mallard v. United States Dist. Court, 490 U.S. 296, 298 24 (1989). In certain exceptional circumstances, the Court may request the voluntary assistance of 25 counsel pursuant to 28 U.S.C. § 1915(e)(1). See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 26 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th…