Cole v. California Department of Corrections and Rehabilitation, et al.

Cole · United States District Court for the Eastern District of California · April 3, 2025 · No. 1:25-cv-00272 GSA (PC)

Summary

The United States District Court for the Eastern District of California denies George Lee Cole Jr.’s motion for appointment of counsel in his pro se 42 U.S.C. § 1983 action. The court finds that limited legal resources and lack of legal education do not establish exceptional circumstances, and that Plaintiff has adequately articulated his claims.

Holdings

  1. The plaintiff failed to meet his burden of demonstrating exceptional circumstances warranting the appointment of counsel at that time; lack of legal education and limited law-library access, without more, did not justify a request for voluntary counsel.

Questions Presented

  1. Whether the plaintiff demonstrated exceptional circumstances warranting a request for voluntary appointment of counsel in his § 1983 action.

Disposition

other

Cases Cited (4)

  • Mallard v. United States District Court, 490 U.S. 296, 298 (1989)(followed)
  • Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991)(followed)
  • Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990)(followed)
  • Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009)(followed)

Cited In (0)

No citing cases on record yet.

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