Archie

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT EPPS, No. 2:23-cv-00135-DAD-EFB (PC) 12 Plaintiff, 13 v. ORDER 14 ARCHIE, 15 Defendant. 16 17 18 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 19 U.S.C. § 1983. He again requests that the court appoint counsel. ECF No. 39. 20 Plaintiff asks the court to inform him whether he is entitled to appointment of an attorney 21 should this case go to trial because, if not, he will try to hire one. Plaintiff is not entitled to 22 appointment of counsel in this civil case. As the court has informed plaintiff several times, 23 district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. 24 Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, 25 the court may request an attorney to voluntarily to represent such a plaintiff. See 28 U.S.C. § 26 1915(e)(1); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900…