Chris Monroe Cone v. Gamble III, et al.

Summary

The United States District Court for the Eastern District of California denied without prejudice Plaintiff Chris Monroe Cone’s renewed motion for appointment of counsel in his 42 U.S.C. § 1983 excessive-force action. The court held that Plaintiff had not shown exceptional circumstances warranting a request for voluntary counsel under 28 U.S.C. § 1915(e)(1), and noted that privately retained counsel could enter an appearance without court appointment.

Holdings

1. Plaintiff does not have a constitutional right to appointed counsel in this civil-rights action.
2. The court may not require an attorney to represent Plaintiff without the attorney's agreement under 28 U.S.C. § 1915(e)(1).
3. Appointment of volunteer counsel was unwarranted because Plaintiff did not demonstrate exceptional circumstances.

Questions Presented

1. Whether Plaintiff was entitled to appointment of counsel in his prisoner civil-rights action.
2. Whether the circumstances of the case were sufficiently exceptional to justify the court's request for volunteer counsel under 28 U.S.C. § 1915(e)(1).
3. Whether the court could compel an attorney to represent Plaintiff without the attorney's agreement.

Disposition

other