Davis

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DERRICK LAMAR HAIRSTON, No. 1:23-cv-01186 GSA (PC) 12 Plaintiff, 13 v. ORDER DENYING PLAINTIFF’S MOTION

FOR APPOINTMENT OF COUNSEL

14 P. DAVIS, et al., (ECF No. 6) 15 Defendants. 16 17 Plaintiff has requested the appointment of counsel. ECF No. 6. In support of the motion, 18 Plaintiff states that he is “so lost in this process.” Id. 19 District courts lack authority to require counsel to represent indigent prisoners in section 20 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional 21 circumstances, the court may request an attorney to voluntarily represent such a plaintiff. See 28 22 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. 23 Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). 24 When determining whether “exceptional circumstances” exist, the Court must consider A 25 plaintiff’s likelihood of success on the merits as well as the ability of the plaintiff to…