Andrew Vasquez v. Eilya Moghaddam, et al.

Summary

The United States District Court for the Eastern District of California denied a state prisoner’s motion for appointment of counsel under 42 U.S.C. § 1983. The court held that the plaintiff had not demonstrated exceptional circumstances and denied the motion without prejudice to renewal if the case did not settle and proceeded to trial.

Holdings

1. A district court lacks authority to require counsel to represent an indigent prisoner in a § 1983 action, but may request an attorney to voluntarily represent the prisoner in exceptional circumstances.
2. Plaintiff failed to meet his burden of demonstrating exceptional circumstances warranting appointment of counsel at that time; lack of legal education and pro se status, without more, were insufficient.

Questions Presented

1. Whether the court should request voluntary counsel to represent an indigent prisoner in a § 1983 action based on the asserted complexity of the case and the plaintiff's pro se status.
2. Whether plaintiff demonstrated exceptional circumstances sufficient to justify appointment of counsel at that stage of the proceedings.

Disposition

other