Ramos

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEMARION TRAMMEL, No. 2:23-cv-1111 KJM AC P 12 Plaintiff, 13 v. ORDER 14 A. RAMOS, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed motions for appointment of counsel, 18 discovery, and to exclude evidence. ECF Nos. 35, 36. He has also filed a document styled as an 19 “Affirmative Defenses Motion for Opening Arguments.” ECF No. 37. 20 With respect to the motion for counsel, the United States Supreme Court has ruled that 21 district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. 22 Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional 23 circumstances, the district court may request the voluntary assistance of counsel pursuant to 28 24 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. 25 Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). 26 “When determining whether ‘exceptional circumstances’ exist,…