Suarez v. Clark

Summary

The United States District Court for the Eastern District of California denied Jose Alfredo Suarez’s second motion for appointment of counsel in his 42 U.S.C. § 1983 action. The court found no exceptional circumstances because Suarez had not shown a likelihood of success on the merits and was able to articulate and litigate his claims, and it denied the motion without prejudice.

Holdings

1. A court may request voluntary assistance of counsel for an indigent civil litigant only when exceptional circumstances exist, evaluated by considering both the likelihood of success on the merits and the plaintiff's ability to articulate claims pro se in light of the complexity of the legal issues. Suarez did not establish exceptional circumstances.

Questions Presented

1. Whether exceptional circumstances warranted the court's request for voluntary appointment of counsel for a pro se incarcerated plaintiff under 28 U.S.C. § 1915(e)(1).
2. Whether the plaintiff's incarceration, limited legal education, limited law-library access, and asserted difficulty litigating established exceptional circumstances.

Disposition

other