In a civil action brought by a prisoner, what is the test for making a third amended complaint?

Plaintiff is also reminded that the court cannot refer to prior pleadings in order to make his third amended complaint complete. Local Rule 220 requires that an amended complaint be complete in itself without reference to any prior pleading. This is because, as a general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files a third amended complaint, the prior pleading no longer serves any function in the case. Therefore, in a third amended complaint, as in an original complaint, each claim and the involvement of each defendant must be sufficiently alleged.

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Also pending before the court is plaintiff's motion for appointment of counsel. A federal district court may under "exceptional circumstances" request the service of counsel for indigent civil litigants pursuant to 28 U.S.C. 1915(e)(1). A court determines whether "exceptional circumstances" exist based on such factors as the likelihood of success on the merits and the ability of the plaintiff to articulate his claims in light of their complexity. Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). Circumstances common to most prisoners, such as lack of legal education and limited law library access, do not establish exceptional circumstances that would warrant a request for voluntary assistance of counsel. At this juncture, plaintiff has not convinced the court that the required exceptional circumstances are present in this case. Accordingly, the court will deny plaintiff's motion for appointment of counsel.