Williams v. BPH Deputy Commissioner
Filing
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/18/11 denying without prejudice 16 Motion to Appoint Counsel. (Dillon, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BOBBY JAMES WILLIAMS,
Plaintiff,
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No. CIV S-11-0055 KJM GGH P
vs.
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BPH DEPUTY COMMISSIONER, et al.,
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Defendants.
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ORDER
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Plaintiff has requested the appointment of counsel. The United States Supreme
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Court has ruled that district courts lack authority to require counsel to represent indigent
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prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In
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certain exceptional circumstances, the court may request the voluntary assistance of counsel
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pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991);
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Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990).
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In the present case, the court does not find the required exceptional circumstances.
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Plaintiff alleges that he was denied due process at his parole hearing, and seeks declaratory relief.
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Plaintiff has asked for a jury trial, and claims that, now that the case has moved into its discovery
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stage, he is “not allowed” access to documents and witnesses. Plaintiff additionally claims that
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he is “mentally ill,” but does not identify his mental illness, or otherwise explain how it prevents
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him from prosecuting this action. See Doc. No. 16, p. 9 (“Plaintiff lacks education and has a
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mental disability, a mental illness diagnosed by a phychologist [sic]....)
The issues presented by the complaint are not complex, and plaintiff’s lack of
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legal training or expertise are not exceptional. Plaintiff is advised that he is entitled to discovery
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under the Federal Rules of Civil Procedure. Plaintiff’s motion for the appointment of counsel
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will therefore be denied. In light of plaintiff’s request for a jury trial and claims of illness, the
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court will deny the motion without prejudice.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s October 14, 2011 motion
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for the appointment of counsel (Docket No. 16) is denied without prejudice.
DATED: November 18, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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