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`Case 2:24-cv-02891-AC Document 19 Filed 11/06/24 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF CALIFORNIA
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`FRANK LEE JOHNSON,
`Plaintiff,
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`v.
`SANJAY AGARWAL, et al.,
`Defendants.
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`No. 2:24-cv-2891 AC P
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`ORDER
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`Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to
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`42 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the
`required filing fee of $350.00 plus the $55.00 administrative fee.1 See 28 U.S.C. §§ 1914(a),
`1915(a). Plaintiff will be provided the opportunity either to submit the appropriate affidavit in
`support of a request to proceed in forma pauperis or to submit the required fees totaling $405.00.
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`Plaintiff also requests that the court appoint counsel. District courts lack authority to
`require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States
`Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request an
`attorney to voluntarily represent such a plaintiff. See 28 U.S.C. § 1915(e)(1); Terrell v. Brewer,
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`1 If leave to file in forma pauperis is granted, plaintiff will still be required to pay the filing fee
`but will be allowed to pay it in installments. Litigants proceeding in forma pauperis are not
`required to pay the $55.00 administrative fee.
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`Case 2:24-cv-02891-AC Document 19 Filed 11/06/24 Page 2 of 3
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`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, the court must consider
`plaintiff’s likelihood of success on the merits as well as the ability of the plaintiff to articulate his
`claims pro se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d
`965, 970 (9th Cir. 2009) (district court did not abuse discretion in declining to appoint counsel).
`The burden of demonstrating exceptional circumstances is on the plaintiff. Id. Circumstances
`common to most prisoners, such as lack of legal education and limited law library access, do not
`establish exceptional circumstances that warrant a request for voluntary assistance of counsel.
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`Having considered the factors under Palmer, the court finds that plaintiff has failed to
`meet his burden of demonstrating exceptional circumstances warranting the appointment of
`counsel at this time. Therefore, his requests for the appointment of counsel are denied without
`prejudice.
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`Plaintiff has also requested an extension of time to return his form indicating whether he
`consents or declines magistrate judge jurisdiction in this matter. For good cause shown, the court
`will grant plaintiff an extension of time to return the form.
`In accordance with the above, IT IS HEREBY ORDERED that:
`1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit in
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`support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or
`the required fees in the amount of $405.00; plaintiff’s failure to comply with this order will result
`in a recommendation that this action be dismissed;
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`2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
`Forma Pauperis By a Prisoner; and
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`3. Plaintiff’s motions for the appointment of counsel (ECF Nos. 12, 18) are denied
`without prejudice.
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`Case 2:24-cv-02891-AC Document 19 Filed 11/06/24 Page 3 of 3
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`4. Plaintiff’s motion for an extension of time (ECF No. 18) is granted. Within 30 days
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`from the date of this order, plaintiff shall return the form indicating whether he consents or
`declines magistrate judge jurisdiction in this case.
`DATED: November 6, 2024
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