Wong

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