What is the test for requesting that an attorney represent an indigent plaintiff in a civil case?

MultiRegion, United States of America

The following excerpt is from Vasquez v. Paramo, Case No.: 18-cv-2097-GPC-MDD (S.D. Cal. 2019):

District courts have discretion, however, pursuant to 28 U.S.C. 1915(e)(1), to "request" that an attorney represent indigent civil litigants upon a showing of exceptional circumstances. See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). "A finding of exceptional circumstances requires an evaluation of both the 'likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in light of the complexity of the

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legal issues involved.' Neither of these issues is dispositive and both must be viewed together before reaching a decision." Id. (quoting Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986)).

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