Felder v. Brewer

Summary

The United States District Court for the Eastern District of California denied without prejudice a state inmate’s motion to appoint counsel in his 42 U.S.C. § 1983 action. The court found no exceptional circumstances because the claims were not unusually complex and the plaintiff had not shown a likelihood of success on the merits. The court stated that it could revisit the issue if the interests of justice later required it.

Holdings

1. Appointment of counsel was not warranted because the plaintiff failed to establish exceptional circumstances, including a sufficient likelihood of success on the merits and an inability to articulate his claims pro se in light of the complexity of the legal issues.

Questions Presented

1. Whether exceptional circumstances justified requesting volunteer counsel for a pro se prisoner in a 42 U.S.C. § 1983 action.

Disposition

other