Is Perkins entitled to a motion to appoint counsel pursuant to 28 U.S.C. 1915(d) of the Civil Code of Civil Procedure?

1 Perkins also requested counsel pursuant to 28 U.S.C. Sec. 1915(d). Under section 1915(d), counsel is appointed only in exceptional circumstances. Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir.1986). Exceptional circumstances are determined by evaluating the likelihood that a party will succeed on the merits and the ability of that party to articulate his claims pro se in light of the complexity of the legal issues involved. Id. Because Perkins failed to demonstrate a likelihood of success on the merits and there is no evidence that he experienced any difficulty in attempting to litigate this case, he was not entitled to counsel. Id. Thus, although the district court did not rule on Perkins' motions to appoint counsel, this was harmless error.