Wong

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONTAE LARAIL MCFADDEN, No. 2:22-cv-1234 AC P 12 Plaintiff, 13 v. ORDER 14 SAM WONG, 15 Defendant. 16 17 Plaintiff has filed motions requesting the appointment of counsel and an extension of time 18 to oppose defendant’s motion for summary judgment. ECF Nos. 38, 39. 19 With respect to plaintiff’s request for counsel, the United States Supreme Court has ruled 20 that district courts lack authority to require counsel to represent indigent prisoners in § 1983 21 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional 22 circumstances, the district court may request the voluntary assistance of counsel pursuant to 28 23 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. 24 Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). 25 “When determining whether ‘exceptional circumstances’ exist, a court must consider ‘the 26 likelihood of success on the merits as well as the ability of the…